Munuhe (Suing as the legal and personal representative of the Estate of the Late Lucy Wanjiru Munuhe) v Wagacha (Environment and Land Miscellaneous Application 114 of 2017) [2026] KEELC 2359 (KLR)
The bottom line
#A Kenyan landowner won the right to evict a trespasser and enforce the court decree now, even though an appeal and costs calculation were still pending.
What this practically means
#Executive summary
#Key legal issues
#Execution of decree before taxation of costs
Leave was granted; Section 94 CPA read with Section 14 of the ELC Act authorises execution before taxation, and the plaintiff's appeal did not stay the decree.
Section 94 permits execution of a decree forthwith except as to costs where taxation is pending. The plaintiff's earlier application for stay in this court was denied on 10 July 2024 and no stay application was presented to the Court of Appeal. Judgment was delivered over two years ago, the plaintiff was adjudged a trespasser and failed to vacate within 60 days, the matter has been in court for eleven years, and no valid reason exists to deny the defendant the fruits of the judgment.
Police security during eviction
Relief granted; police role is confined to maintaining law and order while execution is carried out by court bailiffs under the Auctioneers Act.
Section 2(2)(a) of the Auctioneers Act requires executions to be carried out by appointed court bailiffs, and Section 24 of the National Police Service Act confines the police to maintaining law and order. Although the defendant had not yet appointed a bailiff, that does not preclude an order for security where the plaintiff has defied explicit court orders. Guided by Bruce Joseph Bockle v Coquero Limited, the court found police involvement necessary for a peaceful and lawful eviction.
Legal principles established
#- An appeal, without an order of stay, does not operate as a stay of execution and is no obstacle to enforcement.
- Under Section 94 of the Civil Procedure Act, a court may order that a decree be executed before costs are ascertained by taxation, except as to the costs portion.
- Police may be directed to maintain law and order during an eviction where a party has refused to comply with court orders.
Court orders
#- 1.Leave granted to the defendant to execute the decree issued on 17 August 2023 before the taxation of the bill of costs
- 2.The Officer Commanding Mavoko Police Station or any other officer in charge of the nearest police station to LR No. 20604/134 directed to provide security and maintain law and order during the eviction process
- 3.Costs of the application awarded to the defendant
- Jurisdiction invoked
- Sections 3 and 14 of the Environment and Land Court Act; Sections 1A, 1B, 3A, 94 of the Civil Procedure Act; Order 22 Rules 18 and 19 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Munuhe (Suing as the legal and personal representative of the Estate of the Late Lucy Wanjiru Munuhe) v Wagacha (Environment and Land Miscellaneous Application 114 of 2017) [2026] KEELC 2359 (KLR)", Case Analysis (2026). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2359/eng@2026-04-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.