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ELCPartially AllowedNot stated in the judgment (North Teso/Kochola/2270 and 2271 - the suit land)· [2025] KEELC 8650 (KLR)

Jacka & another v Jacka & 3 others (Environment and Land Case Civil Suit 96 of 2013) [2025] KEELC 8650 (KLR)

Environment and Land Court
9 December 2025
1,268 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling by Boaz N. Olao J of the Environment and Land Court arises from the prolonged non-execution of eviction orders. The Plaintiffs obtained a judgment from Kaniaru J on 13th November 2018 decreeing them owners of North Teso/Kochola/2270 and 2271, with an eviction order against the Defendants; the Defendants' appeal was dismissed in Kisumu Civil Appeal No. 4 of 2019. An earlier ruling of 8th October 2024 directed the OCS Malaba Police Station to provide security for a humane eviction, but the Defendants remained on the land, with the Police reluctant to supervise evictions citing unpublished directions from superiors. The Plaintiffs' Notice of Motion dated 8th April 2025, unopposed, sought variation of the 2024 orders to permit use of reasonable force and the citation of the four Defendants for contempt. The court declined to consider the variation prayer as res judicata, having been determined in its ruling of 8th October 2024. On the contempt prayer, the court found the Defendants in contempt of the 2018 judgment, holding that parties are bound by court orders whether they agree with them or not, and that their failure to respond evidenced an intent to ignore the orders while benefiting from Police reluctance to supervise evictions. The court reminded the Police of their statutory functions under Section 24 of the National Police Service Act. The Defendants are to be summoned to appear on 18th February 2026 for mitigation, with no orders as to costs.

Key legal issues

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01

Contempt of court for disobedience of an eviction order

Holding

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

Reasoning

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.

p. 3
02

Duty of the Police to provide security in execution of eviction orders

Holding

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

Reasoning

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.

p. 2
03

Res judicata as between prayers in a review application and prior rulings

Holding

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

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 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. 2.They be summoned to attend Court on 18th February 2026 for mitigation and any further necessary orders
  3. 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

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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, "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.