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ELCDismissed· [2026] KEELC 1897 (KLR)

Chege v Land Registrar, Laikipia & another (Environment and Land Case 3 of 2022) [2026] KEELC 1897 (KLR)

Environment and Land Court
25 March 2026
944 words in judgment
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The bottom line

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Kenya's Environment and Land Court dismissed an attempt to overturn a decade-old land judgment, confirming evictions backed by valid court orders stand.

What this practically means

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Executive summary

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This is a ruling on a notice of motion dated 26.1.2026 by Ruth Wajiru Wachira, widow of James Wachira Mihunyo (registered owner of LR No. Laikipia/Kalalu/56), seeking stay of execution of a judgment delivered on 28.1.2016, an injunction against eviction, setting aside of the interlocutory judgment of 18 October 2013 and the final judgment of 28 January 2016 ex debito justitiae, and unconditional leave to defend. She argued she was never served, that she is not Lucy Wanjiru Wachira, that her husband's estate should have been sued, that the eviction was unlawful, and that her draft defence raises triable issues. The application was unopposed, but relying on the Konchellah decision the court examined its merits. On service, the court found the process server's affidavit of 17.9.2013 proved service on an aged lady who identified herself as Lucy Wanjiru Wachira, and that the only variance from the applicant's name was Lucy versus Ruth, with no material contradiction. On the alleged unlawful eviction, the court noted judgment was delivered in 2016 with eviction orders issued on 7.5.2025 and revised on 10.12.2025. On triable issues, the court observed that the plaintiff's father, John Chege Muchehu, died on 13.8.2000 yet apparently transferred the land about ten years later; no defence could sanctify a transfer by a deceased person. The application was dismissed with no orders as to costs.

Key legal issues

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01

Adequacy of service of summons despite the name discrepancy (Lucy v Ruth)

Holding

Service was properly effected; the only variance is the first name and the applicant otherwise fits the description of the person served

Reasoning

The process server's affidavit records that on 29.4.2013 he met an aged lady who identified herself as Lucy Wanjiru Wachira, who called a son who read the documents to her. The court held that the only variance is Lucy versus Ruth while the applicant fits the rest of the description as Wanjiru Wachira, an old lady, so there was no material contradiction in the affidavit of service and the default judgment was regular.

p. 2
02

Whether the default judgments should be set aside ex debito justitiae

Holding

No, because service was proper and no triable defence exists

Reasoning

Relying on Chemwolo v Kubede and Patel v EA Cargo Handling, the court's discretion to set aside default judgment must be exercised justly. The Frigonken principle on irregular judgments applies only where there is no proper service; here service was proved. Additionally, the draft defence is futile because the transfer underlying the plaintiff's title was executed by a dead man, so no defence could raise a genuine triable issue.

p. 3
03

Whether the eviction was unlawful for want of court orders

Holding

The eviction was backed by lawful orders issued on 7.5.2025 and revised on 10.12.2025

Reasoning

The applicant contended that hired goons demolished her house without lawful eviction orders. The court rejected this, noting that judgment had been delivered in 2016 and eviction orders were issued on 7.5.2025 and further revised on 10.12.2025, meaning the eviction was executed pursuant to subsisting court orders rather than unlawfully.

p. 3

Legal principles established

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  • An unopposed application must nonetheless be assessed on its merits; the court is not bound to grant orders simply because there is no opposition
  • Where there is no proper or any service of summons, the resulting default judgment is irregular and liable to be set aside ex debito justitiae as a matter of judicial duty
  • The court has unlimited discretion to set aside or vary a judgment entered in default of appearance upon such terms as are just, the main concern being to do justice to the parties
  • No defence can validate a transfer of land effected by a person who was already deceased

Court orders

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  1. 1.The application dated 26.1.2026 is dismissed
  2. 2.No orders as to costs
Jurisdiction invoked
Original civil jurisdiction over the suit land LR No. Laikipia/Kalalu/56; application to set aside interlocutory and final judgment

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, "Chege v Land Registrar, Laikipia & another (Environment and Land Case 3 of 2022) [2026] KEELC 1897 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1897/eng@2026-03-25

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