GC Residential Limited v Kamau t/a Intraspax Freighters (Environment and Land Miscellaneous Application E191 of 2025) [2026] KEELC 148 (KLR)
The bottom line
#A Kenyan court refused to order an eviction because the landlord could not prove it properly served the required eviction notices on everyone the law demands.
What this practically means
#Executive summary
#Key legal issues
#Compliance with Section 152E of the Land Act as a precondition to an eviction order
The applicant failed to prove issuance and service of the 90 days' eviction notice, including service on the deputy county commissioner and the officer commanding police division
The court found Exhibit 'SK-2' inconclusive, being only an alleged email excerpt dispatching the eviction notice. The applicant adduced no evidence of service on the deputy county commissioner and the officer commanding police division as required by Section 152E(2)(a) and (d). Following Opande v Opondo and Sabai, compliance with Section 152E is mandatory before eviction orders issue, so the application failed.
Whether the preliminary objection raised a pure point of law
The preliminary objection did not raise a pure point of law and was dismissed
Applying the Mukisa Biscuits test, the court agreed with the applicant that the objection advanced factual elements requiring justification and clarification rather than a point of law capable of disposing of the application. The objection asserting that weighty contractual issues could not be determined via a miscellaneous application was therefore unsustainable.
Legal principles established
#- An applicant seeking eviction under Section 152 of the Land Act must strictly demonstrate compliance with the mandatory requirements of Section 152E, including service of the eviction notice on the deputy county commissioner and the officer commanding police division
- A court cannot issue eviction orders without ensuring procedural safeguards affording a fair hearing to the occupier
Court orders
#- 1.The notice of motion dated 10th July, 2025 is dismissed
- 2.The notice of preliminary objection dated 6th October, 2025 is dismissed
- 3.Each party to bear its own costs
- Jurisdiction invoked
- Sections 152A, 152B, 152E and 152F of the Land Act; Sections 1A, 1B, 3A and 3B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "GC Residential Limited v Kamau t/a Intraspax Freighters (Environment and Land Miscellaneous Application E191 of 2025) [2026] KEELC 148 (KLR)", Case Analysis (2026). Notice of Motion dated 10th July, 2025 (Milimani). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/148/eng@2026-01-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.