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ELCAllowedNot stated in the judgment text provided· [2026] KEELC 1100 (KLR)

Khamis & another v Mwarome (Enviromental and Land Originating Summons E041 of 2015) [2026] KEELC 1100 (KLR)

Environment and Land Court
26 February 2026
MNMwangi Njoroge
845 words in judgment
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The bottom line

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A Kenyan court ruled that a judgment creditor can execute a judgment even if the losing party alleges criminal wrongdoing, absent a stay of execution.

What this practically means

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Executive summary

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This was a ruling by Mwangi Njoroge, Judge of the Environment and Land Court at Malindi, on a Chamber Summons dated 7th October 2025 by Jonathan Maingi T/A Belpoint Auctioneers, the auctioneer charged with executing a concluded judgment in the suit. The applicant sought an order substituting the OCS Ngerenya Police Station for the OCS Kilifi Police Station to provide police escort, security, protection and assistance in execution of the court order dated 17th June 2025, on the ground that Kilifi Police Station lacked jurisdiction to implement the orders. The respondent opposed, alleging that on 18th September 2025 the applicant sent armed goons to attack his family on the suit property without warrants of eviction, that the incident was under active criminal investigation, and that the application amounted to perjury, contempt of court and interference with criminal proceedings. The court held that the application concerned only the procedure of execution, not the substance of the dispute, which had been concluded by judgment against the respondent with no stay of execution. It ruled that a civil court is not seized of the criminal allegations raised by the respondent, which belong to law enforcement agencies, that a judgment creditor is entitled to the fruits of his judgment, and that litigation must come to an end. The court granted the application in terms of prayer no. 2 and delivered its ruling at Malindi on 26th February 2026.

Key legal issues

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01

Whether criminal allegations against a judgment-creditor can stall execution of a concluded judgment

Holding

A civil court executing its judgment is not concerned with criminal allegations against the judgment creditor; those are for law enforcement agencies, and the creditor is entitled to the fruits of judgment absent a stay

Reasoning

The suit had been concluded and judgment entered against the respondent, with no stay of execution in place. The application concerned only the procedure of execution, not the substance of the dispute. The respondent's allegations of armed goons and ongoing criminal investigations belonged to the realm of law enforcement agencies or the proper court, not the executing civil court. Litigation must come to an end and the creditor must reap his judgment.

p. 2
02

Which police station should implement the escort order

Holding

Since the party to execute is entitled to the fruits of judgment and no stay exists, the court found no ground to deny substitution of the OCS Ngerenya Police Station for OCS Kilifi Police Station

Reasoning

The earlier order of 17th June 2025 had directed the OCS Kilifi Police Station to provide police escort for execution. The applicant explained that the station with territorial jurisdiction was Ngerenya, not Kilifi. The court, having found the judgment-creditor entitled to execute, granted the application in terms of prayer 2 of the Chamber Summons dated 7th October 2025.

p. 2

Legal principles established

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  • A judgment creditor is entitled to the fruits of his judgment in the absence of a stay of execution

Court orders

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  1. 1.The Chamber Summons application dated 7th October 2025 granted in terms of prayer no. 2 thereof, namely that the OCS Ngerenya Police Station (in place of OCS Kilifi Police Station) give police escort, security, protection and/or assistance to Jonathan Maingi T/A Belpoint Auctioneers in execution of the court order dated 17th June 2025
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over execution of its own orders (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, "Khamis & another v Mwarome (Enviromental and Land Originating Summons E041 of 2015) [2026] KEELC 1100 (KLR)", Case Analysis (2026). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1100/eng@2026-02-26

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