Adeh (Suing as the administrator of the Estate of Peter Kagunza Adaji) v Maiyo & another (Environment and Land Case 35 of 2016) [2026] KEELC 3846 (KLR)
The bottom line
#A Kenyan landowner's eviction application failed because he skipped mandatory execution steps and never served the required three-month eviction notice.
What this practically means
#Executive summary
#Key legal issues
#Compliance with execution procedure before seeking eviction
The applicant did not follow the mandatory procedure under Order 22 Rules 18 and 30 of the Civil Procedure Rules read with Section 38 of the Civil Procedure Act before approaching the court for eviction
The decree issued on 17/1/2018 ordered transfer of the suit title and nullification of a caution but contained no eviction order. Execution of a decree on immovable property and of a decree over one year old is governed by Order 22 Rules 18 and 30 read with Section 38 of the Civil Procedure Act. There was no evidence the applicant invoked that procedure through the Deputy Registrar before moving the court, nor evidence the title had been transferred.
Statutory eviction notice under the Land Act
Section 152A-I of the Land Act, which was enacted following the Mitu Bell Welfare Society case, governs all evictions, and no eviction may proceed without the prescribed notice
The court held that Section 152A-I of the Land Act arose from the Mitu Bell Welfare Society decision to ensure humane evictions aligned with best practice. The applicant admitted no eviction notice had ever been served on the judgment debtor. The court held this provision remains the substantive law for evictions whether court-sanctioned or not, and should not be read in isolation from the Civil Procedure Act and Rules.
Legal principles established
#- Section 152A-I of the Land Act is the substantive law governing all evictions, whether court-sanctioned or not, and must be read together with Section 34 of the Civil Procedure Act and Order 22 of the Civil Procedure Rules
- Evictions must be humane and must safeguard the rights of persons liable to eviction
- All questions relating to execution, discharge or satisfaction of a decree under Section 34 of the Civil Procedure Act are determined by the court executing the decree, and objections as to limitation, procedural irregularity or legality of execution must be raised within the execution proceedings
Court orders
#- 1.The application dated 16/3/2026 is dismissed with no order as to costs
- 2.File marked closed
- Jurisdiction invoked
- Section 38 of the Civil Procedure Act, Order 22 Rules 18 and 30 of the Civil Procedure Rules and Section 152A-I of the Land Act; Article 259 of the Constitution on purposive interpretation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Adeh (Suing as the administrator of the Estate of Peter Kagunza Adaji) v Maiyo & another (Environment and Land Case 35 of 2016) [2026] KEELC 3846 (KLR)", Case Analysis (2026). Kitale ELC No. 35 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3846/eng@2026-06-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.