Atinga v Ogumbo & 2 others (Environment and Land Miscellaneous Application E057 of 2024) [2025] KEELC 1274 (KLR)
The bottom line
#A Kenyan landowner who has served an eviction notice can directly ask the court to confirm it and order eviction, with 60 days to vacate.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to confirm an eviction notice under Section 152F of the Land Act
The court has power under Section 152F both to grant relief to a person served with an eviction notice and to confirm the notice and order eviction, and the notice issuer may invoke that provision where the occupant fails to vacate or seek relief.
Section 152A prohibits unlawful occupation; Section 152E governs notices to vacate private land; Section 152F empowers the court to grant relief to the person served, including cancellation, variation, suspension or compensation, and also to confirm the notice and order eviction. Since the statute contemplates the court confirming the notice, there is nothing inconsistent in the notice issuer itself applying for confirmation where the occupant neither vacates nor applies for relief.
Whether the Respondents are unlawfully occupying the suit property
Yes. The Applicant proved lawful ownership by virtue of the judgment in the earlier suit, and the Respondents, having been served with notices to vacate and having neither complied nor sought relief, are in unlawful occupation.
The Applicant placed before the court the judgment of 14th March 2024 in Kisumu ELCC No. 26 of 2019 declaring him the lawful owner. The Respondents were parties to that suit and are bound by it. They did not deny being served with notices to vacate, did not move the court under Section 152F for relief, and did not respond to the application, giving no justification for their continued occupation.
Compliance with mandatory eviction procedures
Any eviction must comply strictly with Section 152G of the Land Act, including respect for dignity, protection of vulnerable groups, proportionality in use of force and priority to occupants to demolish and salvage their property.
Section 152G sets out mandatory procedures applicable to all evictions notwithstanding any contrary provision. The court incorporated this into its orders, directing the Applicant and the Auctioneer/Court Bailiff to comply strictly with Section 152G during the eviction, alongside supervised security and service/publication requirements to safeguard the Respondents.
Legal principles established
#- It is not inconsistent with the Land Act for the person issuing an eviction notice to apply to the court for confirmation of the notice and an eviction order where the person served has failed to vacate or seek relief under Section 152F.
- A party to a suit is bound by the judgment in that suit where the judgment has not been stayed, varied or set aside.
Court orders
#- 1.The Respondents shall vacate and hand over vacant possession of Title No. Kisumu/Wathorego/1852 within 60 days, in default of which the Deputy Registrar shall issue warrants for forceful eviction and demolition of structures
- 2.The Officer Commanding Gita Police Station (OCS) shall supervise the eviction and provide security to the Court Bailiff/Auctioneer
- 3.The Applicant and the Auctioneer/Court Bailiff shall comply strictly with Section 152G of the Land Act 2012 during the eviction
- 4.The Applicant shall extract and serve the orders upon the Respondents through the area chief, by affixing copies on the structures, and by publication once in the Daily Nation or Standard Newspapers on a weekday
- 5.The Applicant shall file affidavit(s) of service of the order as a condition precedent to issuance of warrants of eviction
- 6.Each party shall bear its costs of the application
- Jurisdiction invoked
- Sections 152A, 152B, 152E and 152F of the Land Act 2012 (as amended) and Sections 3 and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kasigau Ranching (DA) Company Ltd v Cabinet Secretary Ministry Of Petroleum & Mining & 4 others (Environment and Land Case E010 of 2024) [2026] KEELC 4866 (KLR)[2026] KEELC 4866 (KLR)23 Jul 2026applied
- Meso Multi Purpose Society Ltd v Luore Nyairo Company & 3 others (Environment and Land Case 111 of 2008) [2026] KEELC 3848 (KLR)[2026] KEELC 3848 (KLR)24 Jun 2026
Cite this brief
#Cite this brief
Caselaw, "Atinga v Ogumbo & 2 others (Environment and Land Miscellaneous Application E057 of 2024) [2025] KEELC 1274 (KLR)", Case Analysis (2025). Notice of Motion application dated 19th November 2024 (in Kisumu ELCC No. 26 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1274/eng@2025-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.