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ELCPartially AllowedNot stated in judgment· [2026] KEELC 4394 (KLR)

Awori (Suing as the Administrator of the Estate of Horace Osinya Awori) v Station & 12 others (Environment and Land Case 124 of 2013) [2026] KEELC 4394 (KLR)

Environment and Land Court
7 July 2026
2,057 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court ruled that an Interior Ministry circular cannot block a court-ordered eviction, and police must enforce eviction orders within 60 days.

What this practically means

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Executive summary

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By notice of motion dated 1st August 2025, the applicant, a decree holder, sought dispensation of a directive issued on 5th January 2022 by the Principal Secretary, Interior, which he said was frustrating execution of a decree and eviction orders issued in his favour over land parcel L.R Bukhayo/Kisoko/1322. The decree of 17th September 2017 required interested parties to surrender vacant possession; the court had, on 23rd June 2021, ordered the OCS Nambale Police Station to provide security during eviction and, on 17th September 2021, issued an eviction order authorizing reasonable force. The respondents, in a replying affidavit sworn by Julius Lekariap, OCS Nambale, denied disobeying court orders, contending that the PS Interior guidelines required approval by the County Security and Intelligence Committee under Section 152G of the Land Act before eviction could proceed. The interested parties did not respond. The court held that Section 152G(2) of the Land Act vests regulation-making power in the Cabinet Secretary for Lands, not the Principal Secretary for Interior, and that the 'formal authorization' contemplated under Section 152G(1)(b) in court-ordered evictions is the verified court order itself. A purposive reading of the circular as the respondents suggested would allow an internal directive to override a valid court order. Applying Article 47 of the Constitution and Section 4(1) of the Fair Administrative Actions Act, the court found the over five years' delay inordinate and unexplained. The court dispensed with the PS Interior directive in the execution, directed the 1st and 2nd respondents to arrange enforcement of the eviction orders within 60 days, ordered service of the order on the interested parties through the Area Assistant Chief, and made no order as to costs.

Key legal issues

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01

Whether the PS Interior circular of 5th January 2022 could bar execution of a court-ordered eviction

Holding

The circular could not override a valid court order; the formal authorization under Section 152G(1)(b) is the verified court order itself

Reasoning

Section 152G(2) of the Land Act empowers the Cabinet Secretary for Lands, not the Principal Secretary for Interior, to make regulations to give effect to Section 152G. A purposive interpretation treating the circular as the required authorization would allow the Cabinet Secretary's mandate to be overridden by an internal directive and would let extraneous actors frustrate a valid court order. The court therefore rejected the respondents' claim that supervisory approval was needed before executing the lawful court order.

p. 5
02

Whether the respondents disobeyed or delayed compliance with the court orders

Holding

The delay of over five years was inordinate and unexplained; the applicant was entitled to the orders sought

Reasoning

The affidavit evidence showed the applicant had obtained all requisite court authorizations - the decree, the security order of 23rd June 2021 and the eviction order of 17th September 2021. Neither the respondents nor the interested parties advanced a valid justification for non-execution. Article 47 and Section 4(1) of the Fair Administrative Actions Act require expeditious, efficient and lawful administrative action, which the respondents' conduct failed to satisfy.

p. 6

Legal principles established

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  • In evictions carried out pursuant to a court order, the formal authorization required under Section 152G(1)(b) of the Land Act is the verified court order, not any other authorization
  • Under Article 47 of the Constitution and Section 4(1) of the Fair Administrative Actions Act, administrative action must be expeditious, efficient, lawful, reasonable and procedurally fair; inordinate unexplained delay in facilitating execution of a decree is unlawful

Court orders

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  1. 1.The directive issued on 5th January 2022 by the Principal Secretary Interior giving guidelines on conduct of evictions be and is hereby dispensed with in the instant execution
  2. 2.The 1st and 2nd respondents to, within 60 days from the date of delivery of the ruling, make the necessary arrangements to ensure that the eviction orders issued by the Court in favour of the applicant are enforced
  3. 3.The applicant, through the Area Assistant Chief of the sub-location where the suit property is located, to serve or cause to be served upon the interested parties the order issued herein as notice of the impending forceful eviction
  4. 4.No order as to costs

Authorities

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Legislation

  • Civil Procedure ActSections 3, 3A, 38
  • Civil Procedure RulesOrder 42 Rule 6(1)
  • Land ActSections 2, 152G(1), 152G(2)
  • Land Laws (Amendment) Act, 2016introduction of Section 152G into the Land Act
  • Constitution of KenyaArticle 47
  • Fair Administrative Actions ActSection 4(1)

Cases cited (1)

  • Nairobi HC Judicial Review No. 479 of 2018
Jurisdiction invoked
Sections 3, 3A and 38 of the Civil Procedure Act and Order 42 Rule 6(1) of the Civil Procedure Rules, in execution of a decree in the underlying suit

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, "Awori (Suing as the Administrator of the Estate of Horace Osinya Awori) v Station & 12 others (Environment and Land Case 124 of 2013) [2026] KEELC 4394 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4394/eng@2026-07-07

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