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ELCDismissedNot stated in the judgment (application dated 23/9/2025)· [2026] KEELC 108 (KLR)

Olembo v Nalanda (Environment and Land Case E008 of 2024) [2026] KEELC 108 (KLR)

Environment and Land Court
21 January 2026
397 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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By an application dated 23/9/2025, the applicant, Kenneth Shitsugane Olembo, sought an order compelling the respondent to give vacant possession of decreed land within 14 days and, in default, an eviction order to be executed under the supervision of the OCS Kwanza Police Station. He deposed that a judgment of the court ordered the respondent to vacate within 3 months, that this period had expired, and that no stay orders were in place. The respondent opposed the application through grounds of opposition dated 30/10/2025, contending that no notice of eviction had been served as required by Section 152E of the Land Act 2012 before the eviction orders were sought, rendering the application an abuse of the court process. The court, per C.K. Nzili J, observed that although the judgment clearly directed vacant possession and execution in default, there was no evidence of when the decree was served upon the judgment debtor, nor of service of a formal notice of eviction in compliance with 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 agreed that the application was an abuse of its process, holding that the applicant simply had to follow the law on execution. The application was found incompetent and lacking merit and was dismissed with costs on 21 January 2026.

Key legal issues

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01

Compliance with statutory eviction procedure

Holding

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.

Reasoning

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.

p. 1
02

Abuse of court process

Holding

Skipping the statutory execution and eviction-notice steps renders an eviction application an abuse of the court's process.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The application dated 23/9/2025 is dismissed with costs

Authorities

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Legislation

  • Land ActSection 152E
  • Land ActSection 152A
  • Civil Procedure ActSection 38
  • National Police Service ActSection 24
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

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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, "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.