Njenga v Kariuki & another (Environment & Land Case 323 of 2015) [2025] KEELC 4238 (KLR)
The bottom line
#Without a stay of execution, a Kenyan court will order eviction and even provide police security to enforce the judgment.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an order for eviction ought to issue in execution of the decree in the absence of a stay of execution
- 2.Whether the OCS Ruiru Police Station should provide security during execution of the decree
Key legal issues
#Entitlement to execute a decree where no stay is in place
The eviction prayer was merited because no stay of execution was in place and the eviction notice was not complied with.
The court noted there was no order of stay of execution. The judgment had ordered the Respondents to remove the fence, failing which the plaintiffs were authorized to do so. An eviction notice dated 22/8/2024 had been served and ignored. Applying Order 42 Rule 6(1) of the Civil Procedure Rules 2010, the court found the decree remained enforceable and the eviction prayer merited. The Respondent's averments about ownership of the land were treated as new matters that could not defeat a valid decree.
Police assistance during execution
The court found the prayer for police security during eviction merited to maintain law and order.
Given that eviction involves the forceful removal of persons in occupation, the court held that security from the OCS Ruiru Police Station was necessary to ensure peace and order during the exercise, invoking Section 24 of the National Police Service Act.
Legal principles established
#- In the absence of an order of stay of execution, a decree-holder is at liberty to proceed with execution of the judgment.
- A judgment debtor cannot resist execution by raising fresh defences not raised at trial where the decree has not been set aside or stayed.
Court orders
#- 1.An order for the eviction of the 1st and 2nd Respondents from the suit land, the Respondents to vacate and hand over vacant possession as decreed in the Judgment, in default of which a warrant of eviction shall issue for forceful eviction by a Court Bailiff or duly Licensed Auctioneer, costs borne by the Respondents
- 2.The OCS Ruiru Police Station to provide security and maintain peace and order during the eviction of the Defendants from the suit property
- 3.Costs of the Application awarded to the Applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 24 of the National Police Service Act; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules, 2010
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the absence of an order of stay of execution of the Judgement and in view of the provisions of Order 42 Rule 6(1) of the Civil Procedure Rules 2010, the terms of the Judgement and the eviction Notice served, I find that the prayer for an eviction order is merited.
I find that the prayer is merited in order to maintain law and order, and to ensure security during the execution.
An order for the eviction of the 1st and 2nd Respondents from the suit land is hereby issued. The Respondents to vacate and hand over vacant possession of the suit land parcel as decreed in the Judgment dated 6/07/2022 in default of which warrant of eviction shall issue for the forceful eviction of the Respondent from the suit land by a Court Bailifi or duly Licensed Auctioneer and the costs shall be borne by the Respondents.
Issues in the judgment
#The judgment date is stated inconsistently within the ruling - paragraph 2 says judgment was entered on 9/12/2022 while the final orders refer to a judgment dated 6/07/2022.
The Respondent/1st Defendant is at one point described as 'the Appellant' although this is not an appeal.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njenga v Kariuki & another (Environment & Land Case 323 of 2015) [2025] KEELC 4238 (KLR)", Case Analysis (2025). ELC No. 323 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4238/eng@2025-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.