Gatimu & another v Omwenga (Sued on his own Behalf and as Chairman Amani Self Help Group) & 12 others (Environment and Land Case 288 of 2013) [2025] KEELC 5961 (KLR)
The bottom line
#A Kenyan court confirmed that eviction can proceed after a final judgment even when the winning party's costs have not yet been taxed.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should order police assistance during eviction in execution of the decree
The application was allowed; an eviction order issued and the OCS Dandora Police Station was directed to provide security and maintain peace during the eviction.
A decree had issued on 18th October 2023 requiring the defendants to vacate within 120 days of the 21st September 2023 judgment, which they did not comply with. The defendants did not challenge their occupation. The Court of Appeal had dismissed their appeal on 24th December 2024. Execution was lawful and not conditional on taxation of costs, and given the crowded location of the property, police presence was warranted to protect the auctioneers and maintain peace.
Whether the application was premature because costs had not been taxed
The objection failed; the eviction could proceed notwithstanding that costs had not been taxed.
The defendants argued under Order 22 Rule 26 that the motion was premature since costs were untaxed and no forfeiture of costs was lodged. The court held that execution of the decree was not conditional upon taxation of costs, rejecting the grounds of opposition without more detailed analysis.
Legal principles established
#- Execution of a decree for eviction is not conditional upon prior taxation of costs.
Court orders
#- 1.An order of eviction is issued against the defendants from the suit property known as LR. 209/11970 situate in Dandora estate
- 2.The OCS Dandora Police Station to provide security and maintain peace during the eviction exercise to be carried in execution of the decree
- 3.The costs of the application and the eviction exercise to be borne by the defendants
- Jurisdiction invoked
- Sections 1, 1A, 1B, 3A and 3B of the Civil Procedure Act and Order 40 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gatimu & another v Omwenga (Sued on his own Behalf and as Chairman Amani Self Help Group) & 12 others (Environment and Land Case 288 of 2013) [2025] KEELC 5961 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5961/eng@2025-08-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.