Jacka & another v Jacka & 3 others (Environment and Land Case Civil Suit 96 of 2013) [2025] KEELC 8650 (KLR)
The bottom line
#A Kenyan court found land occupants in contempt for ignoring a 2018 eviction order, warning police they must assist with lawful evictions.
What this practically means
#Executive summary
#Key legal issues
#Contempt of court for disobedience of an eviction order
The Defendants were held to be in contempt of the judgment delivered on 13th November 2018 as they had not vacated the suit land and had not responded to the Motion
The Defendants were evicted-by-order pursuant to the judgment of Kaniaru J, affirmed on appeal. They neither vacated nor were evicted, did not respond to the Motion, and could not feign ignorance of the clear judgment. Their inaction demonstrated a clear intent to ignore the court order, warranting a finding of contempt.
Duty of the Police to provide security in execution of eviction orders
The Police are obliged under Section 24 of the National Police Service Act to assist in the execution of court orders and should not be passive on-lookers
The court observed a common practice of the Police declining to provide security during evictions citing directions from superiors never produced to the court. It reminded the Police of their statutory functions under Section 24 of the National Police Service Act and warned that selective protection would erode faith in the judicial process.
Res judicata as between prayers in a review application and prior rulings
The court declined to consider prayer 2 of the Motion as it was res judicata, having been determined in the ruling of 8th October 2024
The plaintiff sought to vary the orders of 8th October 2024 to allow use of reasonable force. The court held that this issue had already been determined in its earlier ruling and refused to reopen it, confining itself to the contempt prayer which it considered unopposed.
Legal principles established
#- Parties are bound by court orders whether they agree with them or not
- Beneficiaries of court orders are entitled to enjoy the fruits of their judgments, including evicting trespassers
Court orders
#- 1.The Defendants namely Lydia Awuor Jacka, Paul Omilla Jacka, Amos Okwaroi Jacka And Simon Omanyala Jacka are all in contempt of the judgment of this Court
- 2.They be summoned to attend Court on 18th February 2026 for mitigation and any further necessary orders
- 3.No orders as to costs
- On appeal from
- Court of Appeal
- Kisumu Civil Appeal No. 4 of 2019
- Jurisdiction invoked
- Articles 48 and 159(2)(b) of the Constitution; Sections 1A, 1B, 3, 3A and 80 of the Civil Procedure Act; Section 14 of the Environment and Land Court Act; Order 45 Rules 1, 2, 3 and 4 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jacka & another v Jacka & 3 others (Environment and Land Case Civil Suit 96 of 2013) [2025] KEELC 8650 (KLR)", Case Analysis (2025). Not stated in the judgment (North Teso/Kochola/2270 and 2271 - the suit land). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8650/eng@2025-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.