Olembo v Nalanda (Environment and Land Case E008 of 2024) [2026] KEELC 108 (KLR)
The bottom line
#A Kenyan court threw out an eviction application because the landowner skipped the legally required notices before asking police to help evict.
What this practically means
#Executive summary
#Key legal issues
#Compliance with statutory eviction procedure
The application was incompetent because the applicant did not demonstrate service of the decree or a statutory notice of eviction under Section 152E of the Land Act 2012 and Section 38 of the Civil Procedure Act.
Although the judgment ordered vacant possession within 3 months and execution in default, the applicant adduced no evidence of when the decree was served, nor of service of a formal eviction notice as required by Section 38 of the Civil Procedure Act and Section 152A of the Land Act before invoking Section 24 of the National Police Service Act. The court therefore agreed the application was an abuse of process and dismissed it.
Abuse of court process
Skipping the statutory execution and eviction-notice steps renders an eviction application an abuse of the court's process.
The respondent's grounds of opposition argued that no notice of eviction had been served in line with Section 152E of the Land Act 2012 before seeking eviction orders. The court accepted this, holding that the judgment was already clear on vacant possession and the eviction process, and that the applicant was obliged simply to follow the law on execution, which he failed to demonstrate.
Legal principles established
#- A decree-holder seeking eviction must comply with the statutory execution and eviction-notice requirements before invoking the court's assistance and police support.
Court orders
#- 1.The application dated 23/9/2025 is dismissed with costs
- Jurisdiction invoked
- Enforcement of decree of the Environment and Land Court; Sections 38 of the Civil Procedure Act, 152A and 152E of the Land Act 2012, and Section 24 of the National Police Service Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Olembo v Nalanda (Environment and Land Case E008 of 2024) [2026] KEELC 108 (KLR)", Case Analysis (2026). Not stated in the judgment (application dated 23/9/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/108/eng@2026-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.