Board of Trustees Full Gospel Churches of Kenya v Commissioner of Lands & 2 others (Environment & Land Case 74 of 2005) [2025] KEELC 4732 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether an eviction order can issue in execution of a decree that contains no eviction order
No; the decree issued in the main suit contained only a declaration and a mandatory injunction directing registration, and the court cannot grant additional orders beyond the judgment.
The court perused the plaint and the decree dated 17th November 2021 and found it granted a declaration of ownership and a mandatory injunction directing registration of the plaintiff as owner. No permanent injunction or eviction order was granted. The court executing the decree cannot expand its terms, and it was unclear whether the existing orders had been complied with.
Whether the statutory eviction notice procedure was followed
The procedure under Section 152E of the Land Act, requiring an eviction notice of not less than three months to unlawful occupiers of private land, applies and was not shown to have been properly effected notwithstanding an affidavit of service.
The respondent alleged service of an eviction notice supported by a process server's affidavit. However, the court observed the statutory framework, including Sections 152E and 152F of the Land Act and Regulation 65 of Legal Notice 280 of 2017, requiring written notice of not less than three months served on occupiers, the Deputy County Commissioner and the OCS, and found the decree granted no eviction order in any event.
Legal principles established
#- A court in execution cannot issue orders that were not granted in the underlying judgment or decree
- Eviction of unlawful occupiers requires service of a statutory eviction notice not less than three months before the intended eviction under Section 152E of the Land Act
Court orders
#- 1.The application dated 30th October 2024 is dismissed with costs
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 38(f) of the Civil Procedure Act; Order 22 Rule 7 and Order 51 of the Civil Procedure Rules 2010; Section 152 of the Land Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
Cite this brief
#Cite this brief
Caselaw, "Board of Trustees Full Gospel Churches of Kenya v Commissioner of Lands & 2 others (Environment & Land Case 74 of 2005) [2025] KEELC 4732 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 30th October 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4732/eng@2025-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.