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ELCPartially AllowedNot stated in the ruling· [2025] KEELC 5002 (KLR)

Wadawe v Newa (Environment & Land Case 716 of 2015) [2025] KEELC 5002 (KLR)

Environment and Land Court
3 July 2025
EAE. Asati
721 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan landowner with an existing eviction order can execute it directly with police security and a survey report, without returning to court for fresh directions.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kisumu (E. Asati, J) determined a Notice of Motion dated 5th March 2025 in which the plaintiff sought directions that the OCS Pap Onditi police station accompany and supervise the eviction of Joseph Abongo Newa from land parcel Kemnwa Keyo/ogoro/499 in execution of a decree issued on 24th October 2017. The judgment of 24th October 2017 by Hon. Justice J.O. Olola had ordered a boundary survey, the defendant's vacation of the suit land within 45 days, a permanent injunction, and costs. The defendant opposed the application as defective for want of a supporting affidavit, an abuse of process, and asserted that he had already vacated the encroached portions. The court's record showed a similar application allowed on 12th May 2022, another similar application dated 15th September 2022 still pending, and a survey report dated 28th May 2024 ascertaining the encroachment. The court held that since the encroachment had been ascertained and an eviction order with a security order already existed, the plaintiff should proceed to execute the eviction order, with the court bailiff guided by the survey report and section 152G of the Land Act, and the OCS Pap Onditi to provide security. The court made no order as to costs. Orders accordingly, dated and signed at Kisumu and read virtually on 3rd July 2025.

Key legal issues

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01

Execution of the eviction decree in land parcel Kemnwa Keyo/ogoro/499

Holding

The plaintiff may execute the existing eviction order with police security; no fresh order was necessary

Reasoning

The court noted the 2017 judgment ordered eviction and a permanent injunction; a similar application was allowed in 2022; another was pending; and a survey report of 28th May 2024 ascertained the encroachment. Given these existing orders and the survey, the proper course was execution of the decree by the court bailiff in accordance with section 152G of the Land Act, with the OCS providing security.

p. 2

Legal principles established

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  • Where a decree for eviction exists together with a survey report ascertaining the encroachment, the decree holder should execute the existing eviction order rather than seek fresh directions from the court
  • An eviction conducted in execution of a decree must comply with section 152G of the Land Act and be guided by the ascertainment survey

Court orders

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  1. 1.The plaintiff to proceed to have the existing eviction order executed, the court bailiff to be guided by the survey report dated 28th May 2024 and section 152G of the Land Act
  2. 2.The OCS Pap Onditi police station to provide necessary security during the eviction exercise
  3. 3.No order as to costs
Jurisdiction invoked
Court's inherent supervisory powers over execution of its own decree (not expressly stated in the ruling)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Wadawe v Newa (Environment & Land Case 716 of 2015) [2025] KEELC 5002 (KLR)", Case Analysis (2025). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5002/eng@2025-07-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.