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ELCDismissedNot stated in the judgment· [2025] KEELC 7168 (KLR)

Ruto (Suing as the Legal Personal Representative of the Estate of Kibiwott Arap Mwolomet - Deceased) v Maina & another (Environment and Land Case 19 of 2018) [2025] KEELC 7168 (KLR)

Environment and Land Court
22 October 2025
CNC.K. NZILI
1,119 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The applicant, the 2nd defendant in a suit dismissed with costs of Kshs. 736,120/= assessed against him, sought attachment and sale by public auction or private treaty of Title No. Sinyerere/Sitatunga Block 7/Chepkoiyo/545 belonging to the plaintiff/respondent, together with a prohibition against transfer or charging of the land. He deposed that prior execution attempts failed: proclaimed goods were removed by the respondent, warrants of arrest were withdrawn after the respondent, an administrator of his late father's estate, was discharged, and the trial court declined a notice to show cause regarding the land, holding it belonged to the respondent personally and not the estate. The respondent opposed, stating he sued as legal representative of the estate, that the suit property had no nexus with the deceased, that he had appealed the dismissal, and that the estate administration was concluded. The court held that execution for costs and any change in the mode of execution fall under the jurisdiction of the Deputy Registrar under Orders 22 and 49 of the Civil Procedure Rules. The application was not an appeal or reference under Order 49 Rule 7(2), and no orders or proceedings were exhibited showing the Deputy Registrar neglected, refused or denied the applicant a chance to execute. Applying the Motor Vessel 'Lillian S' principle that jurisdiction is everything, the court found the applicant had jumped the gun and declined the application until its jurisdiction was properly invoked, with no order as to costs.

Key legal issues

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01

Jurisdiction to attach land in satisfaction of costs and change mode of execution

Holding

The court lacks original jurisdiction; the matter belongs to the Deputy Registrar under Orders 22 and 49

Reasoning

The court held that execution for costs falls under the Deputy Registrar's jurisdiction. The application was not an appeal or reference under Order 49 Rule 7(2), and the applicant did not attach any orders or proceedings showing the Deputy Registrar refused him a chance to execute. Consequently, the court could not entertain the attachment application.

p. 3
02

Review of Deputy Registrar's orders declining execution

Holding

The court cannot review the Deputy Registrar's decision absent a proper appeal or reference

Reasoning

The court noted the application was not an appeal or reference against the Deputy Registrar's orders filed pursuant to Order 49 Rule 7 Sub-Rule 2 of the Civil Procedure Rules, and no orders or proceedings were attached showing neglect, refusal or denial by the Deputy Registrar. The applicant had therefore jumped the gun.

p. 3

Legal principles established

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  • Jurisdiction is fundamental; without it a court cannot act
  • Execution for costs and change of mode of execution fall under the Deputy Registrar's jurisdiction under Order 49 of the Civil Procedure Rules

Court orders

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  1. 1.The application is declined until the jurisdiction of this court is properly invoked
  2. 2.There will be no order as to costs
Jurisdiction invoked
Environment and Land Court jurisdiction; the court found the matter fell under the Deputy Registrar's jurisdiction under Order 49 of the Civil Procedure Rules

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, "Ruto (Suing as the Legal Personal Representative of the Estate of Kibiwott Arap Mwolomet - Deceased) v Maina & another (Environment and Land Case 19 of 2018) [2025] KEELC 7168 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7168/eng@2025-10-22

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