Kalinda & 2 others (All Suing as the Legal Representative of the Estate of Kalinda Mwanga) v Muthami & 2 others (All Sued as Legal Representative of the Estate of Muthami Mwanga – Deceased) (Enviromental and Land Originating Summons E046 of 2022) [2026] KEELC 4466 (KLR)
The bottom line
#Kenya's Environment and Land Court at Makueni allowed decree holders to change execution orders so the correct local police station provides security.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicants have met the threshold for review
Key legal issues
#Whether the Applicants met the threshold for review of the court's orders of 15th May, 2025 and 10th September, 2025
Yes; sufficient cause was shown and the application was allowed in terms of prayers 2 and 3.
The court noted that the Respondents had not appealed against the judgment of 11th October, 2023 or the ruling of 15th May, 2025. The Applicants were merely seeking to execute the decree and to change the police station providing security from Makueni to Mumbuni, the station the OCS himself indicated had jurisdiction. The variation was thus warranted.
Legal principles established
#- A party seeking to correct or vary an order for execution to reflect the police station with actual jurisdiction to provide security demonstrates sufficient cause for review where no appeal is preferred against the underlying orders.
Court orders
#- 1.The orders given on 15th May, 2025 and issued on 10th September, 2025 be varied to read the OCS Mumbuni police station instead of the OCS Makueni police station
- 2.The application dated 16th December, 2025 allowed in terms of prayer 2 and 3
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent review jurisdiction to vary its own orders (sufficient cause for review of orders given on 15th May, 2025 and issued on 10th September, 2025)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The Applicants have demonstrated that there is suficient cause for this court to vary the orders given on 15th May, 2025 and issued on 10th September, 2025.
I therefore allow the applicants' application dated 16th December, 2025 in terms of prayer 2 and 3.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kalinda & 2 others (All Suing as the Legal Representative of the Estate of Kalinda Mwanga) v Muthami & 2 others (All Sued as Legal Representative of the Estate of Muthami Mwanga – Deceased) (Enviromental and Land Originating Summons E046 of 2022) [2026] KEELC 4466 (KLR)", Case Analysis (2026). Notice of Motion dated 16th December, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4466/eng@2026-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.