Mwania v Muasa & 5 others (Environment and Land Miscellaneous Case E089 of 2025) [2026] KEELC 1724 (KLR)
The bottom line
#Even a landowner with a trespasser judgment cannot evict occupants in Kenya without serving a proper Section 152E Land Act notice on occupiers and government officers.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant complied with the statutory eviction procedure under Section 152E of the Land Act
The applicant did not; no adequate and reasonable notice under Section 152E was proved, and the return of service by Watson Kisoi was deficient.
Although the applicant holds a prior judgment of 3 November in Machakos ELC Case No. 230 of 2017 declaring the majority of the respondents trespassers and granting a permanent injunction, no notice issued in accordance with Section 152E was tendered in evidence. The 'notice to vacate land affidavit of service' was in substance a return of service, and even if the notices were served — which the court found they were not — the return of service did not satisfy the legal criteria. Compliance with the statutory procedure cannot be circumvented.
Whether an eviction order should issue against unlawful occupiers of private land
No; the motion did not meet the legal threshold and was dismissed.
The Land Laws (Amendment) Act 2016 introduced a detailed procedure for evicting persons unlawfully occupying private land, giving effect to constitutional and international standards. The notice requirements in Section 152E of the Land Act and Form LA 57 under Regulation 65 of Legal Notice No. 280 of 2017 must be fulfilled before eviction orders are granted. Since the applicant failed to demonstrate service of a compliant notice on the respondents and relevant government officers, the motion failed notwithstanding the respondents' non-participation.
Legal principles established
#- Evictions from private land require strict compliance with Section 152E of the Land Act, including a notice of not less than three months served on the occupiers, the Deputy County Commissioner and the police.
- Evictions, forcible or otherwise, must be preceded by adequate and reasonable notice and conducted with respect for human rights, fairness and dignity.
Court orders
#- 1.The notice of motion dated 3 September 2025 is hereby dismissed with the applicant bearing her own costs.
- 2.This file is hereby effectively marked as closed.
- Jurisdiction invoked
- Sections 152A, 152B, 152E and 152F of the Land Act; Section 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwania v Muasa & 5 others (Environment and Land Miscellaneous Case E089 of 2025) [2026] KEELC 1724 (KLR)", Case Analysis (2026). Machakos ELC (application dated 3 September 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1724/eng@2026-03-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.