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ELCStruck OutNot stated in judgment· [2025] KEELC 7688 (KLR)
Muruthi v Njuguna & another (Environment and Land Miscellaneous Case E025 of 2025) [2025] KEELC 7688 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court confirmed you cannot evict someone through a standalone application; you must first file a proper lawsuit.
What this practically means
#Executive summary
#The Applicant moved the court by Notice of Motion dated 17th March 2025 seeking an eviction order against the Respondents from parcels Solai/Ndungiri block 9/270 and 9/271 (Ampiva), vacant possession, and police supervision of the eviction, on the basis that he is the registered owner and that the Respondents had forcefully taken possession. The Respondents had earlier been served with an eviction notice dated 2nd May 2024 effective 2nd August 2024. The 1st Respondent opposed, contending the application was defective as it sought substantive orders without a substantive suit, and that he had possessed the land for over 20 years under an agreement dated 13th February 2004 as a member of Ampiva squatters, warranting a full hearing. The 2nd Respondent denied possession of the suit parcels and faulted the application for non-disclosure of a cause of action against her. The court framed the sole issue as whether a right can be enforced through a miscellaneous application. Relying on Order 3 Rule 1 and Order 22 Rule 29(1) of the Civil Procedure Rules and Sections 152A-152H of the Land Act, and following Tatecoh Housing, the court held that eviction orders can only issue from a properly instituted suit heard on merit, and that a Notice of Motion is not an originating process. The application was struck out with costs to the Respondents.
Key legal issues
#01
Whether eviction orders can be granted through a miscellaneous application
Holding
No - an application for eviction must be anchored in a properly instituted suit
Reasoning
The court held that suits must be instituted by plaint, petition or originating summons unless rules prescribe otherwise. Order 22 Rule 29(1) presupposes a decree from a suit, and Sections 152A-152H of the Land Act require eviction applications to be anchored in a suit. Since the Applicant never filed a suit, the application was incompetent and was struck out.
p. 2
Legal principles established
#- A Notice of Motion is not a legally recognised originating process; eviction orders must be sought in a suit instituted by plaint
Court orders
#- 1.The Notice of Motion dated 17th March 2025 is struck out
- 2.Costs to the Respondents
- Jurisdiction invoked
- Civil Procedure Rules and Land Act, Sections 152A-152H (eviction proceedings)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muruthi v Njuguna & another (Environment and Land Miscellaneous Case E025 of 2025) [2025] KEELC 7688 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7688/eng@2025-11-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.