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ELCDismissedNot stated in the judgment (ruling on Notice of Motion dated 1st December, 2025 in Kericho ELC suit; Plaint dated 19th November, 2008)· [2026] KEELC 3619 (KLR)

Yegon v Sang & another (Environment and Land Case 54 of 2008) [2026] KEELC 3619 (KLR)

Environment and Land Court
11 June 2026
LOL. A. Omollo
2,444 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kericho court refused to evict a land occupier because a stay of execution was still in force and the court cannot reopen a decided case.

What this practically means

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Executive summary

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This ruling by L. A. Omollo, J of the Environment and Land Court at Kericho, delivered virtually on 11th June, 2026, determines the Plaintiff/Applicant's Notice of Motion dated 1st December, 2025 seeking police assistance to enforce an eviction order and removal of a caution registered against land parcel Kericho/Kipchimchim/2059. The underlying suit was filed by Plaint dated 19th November, 2008 seeking a declaration of trespass, vacant possession and mesne profits; the defendants filed a defence and counterclaim seeking an excision of a portion of the suit land. On 22nd February, 2024 the Court delivered judgment declaring the Defendant a trespasser, ordering vacant possession within 30 days and in default eviction, with costs. The Plaintiff contended the OCS Brooke Police Post declined to assist absent express court orders. The 2nd Defendant/Respondent opposed, noting she had filed a Notice of Appeal and an application for stay of execution decided on 21st November, 2024, granting stay conditional on depositing Kshs. 500,000/= as security within 30 days. She further deposed that the Plaintiff fraudulently transferred the suit land to third parties and that a caution was registered pursuant to orders in Kericho Misc. Criminal Application No. E331 of 2024 pending DCI investigations. The Court held that stay of execution orders remained in force with no evidence of non-compliance with the security condition, and therefore declined to order police enforcement of the eviction. On the caution, the Court held it was functus officio following final judgment, that the Land Registrar was not a party to the proceedings, and that the proper forum for removal of the caution is the proceedings in which the order for its registration was issued. The application was dismissed with costs.

Key legal issues

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01

Whether the Court can direct police assistance to enforce an eviction order while a stay of execution is in force

Holding

The Court declined to issue the eviction assistance order because stay of execution of the judgment of 22nd February, 2024 was still in force and no evidence showed non-compliance with the condition attached to the stay orders

Reasoning

The record showed that on 21st November, 2024 the Court granted a stay of execution of the entire judgment conditional upon the 2nd Defendant/Respondent depositing Kshs. 500,000/= as security within 30 days, failing which the stay would lapse. Nothing was placed before the Court demonstrating that this condition had not been complied with. While the stay subsists, orders directing police to enforce the eviction decree cannot issue.

p. 5
02

Whether the Court, having delivered final judgment, can order removal of the caution on the suit land

Holding

No. The Court is functus officio, the Registrar is not a party, and the proper forum is the proceedings pursuant to which the caution order was issued

Reasoning

Relying on the Supreme Court in Odinga v IEBC and the Court of Appeal in Telkom Kenya Limited v John Ochanda, the Court held that the functus officio doctrine prevents re-opening of a matter after final judgment. Additionally, the order for removal of the caution was sought against the Land Registrar, Kericho, who is not a party to the suit, and the proper forum is the criminal proceedings in which the caution order was allegedly made.

p. 6

Legal principles established

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  • Once a Court has determined a suit on merit it becomes functus officio and cannot re-open or vary its decision
  • A party cannot obtain orders against a non-party in the same proceedings

Court orders

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  1. 1.The Plaintiff/Applicant's Notice of Motion application dated 1st December, 2025 is dismissed with costs
  2. 2.It is so ordered
Jurisdiction invoked
Sections 3A & 63(e) of the Civil Procedure Act and Order 51 Rules 1 & 3, Order 22 Rule 29 of the Civil Procedure Rules

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, "Yegon v Sang & another (Environment and Land Case 54 of 2008) [2026] KEELC 3619 (KLR)", Case Analysis (2026). Not stated in the judgment (ruling on Notice of Motion dated 1st December, 2025 in Kericho ELC suit; Plaint dated 19th November, 2008). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3619/eng@2026-06-11

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