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ELCStruck OutNot stated on the record (application dated 1/12/2025)· [2026] KEELC 657 (KLR)

Post-judgment application to enforce the judgment of the trial court (ruling on striking out)

Environment and Land Court
10 February 2026
BEB M Eboso
174 words in judgment
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The bottom line

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The Environment and Land Court in Meru struck out an attempt to enforce a 2012 trial court judgment, confirming that decrees must be enforced in the trial court that issued them.

What this practically means

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Executive summary

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In this ex-tempore ruling, the Environment and Land Court at Meru (B M Eboso, ELC Judge) dealt with an application dated 1/12/2025 described as a post-judgment plea seeking orders enforcing the judgment of the trial court dated 6/6/2012. The court observed that it had previously exercised appellate jurisdiction in the matter, and by a judgment of Cherono J delivered on 14/11/2018, the appellant's appeal was rejected and dismissed for lack of merit, with no positive order issued. The court held that even if a positive order or decree existed, the proper platform for its enforcement would be the trial court, Nkubu SPMC Civil Case No 16 of 2010, and that the present application ought to have been filed and canvassed there. Consequently, the application dated 1/12/2025 was struck out with no order as to costs. The ruling was delivered at Meru on 10th February 2026, with the respondent, Mr Mwarania Nkanata, appearing in person, and the appellant also appearing in person. No authorities were cited, and the court made no findings on the merits of the underlying dispute; the disposition was purely procedural, directing the applicant to the correct forum for any enforcement proceedings.

Key legal issues

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Whether the post-judgment application seeking enforcement of the trial court's judgment is properly before the ELC

Holding

It is not; the application was struck out

Reasoning

The court noted it had earlier exercised appellate jurisdiction and dismissed the appeal by judgment of Cherono J on 14/11/2018, issuing no positive order. With no decree capable of enforcement before this court, and the proper forum for enforcement being the trial court (Nkubu SPMC Civil Case No 16 of 2010), the application dated 1/12/2025 was misconceived and was struck out with no order as to costs.

p. 1

Legal principles established

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  • A court that has dismissed an appeal with no positive order cannot be moved to enforce a decree; enforcement of a trial court decree lies in the trial court itself

Court orders

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  1. 1.The application dated 1/12/2025 is struck out
  2. 2.No order as to costs
On appeal from
Nkubu SPMC
Civil Case No 16 of 2010
Jurisdiction invoked
Appellate jurisdiction previously exercised in the matter (judgment of Cherono J dated 14/11/2018); no specific constitutional or statutory provision cited

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, "Post-judgment application to enforce the judgment of the trial court (ruling on striking out)", Case Analysis (2026). Not stated on the record (application dated 1/12/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/657/eng@2026-02-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.