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ELCPartially AllowedNot stated in the judgment· [2026] KEELC 4526 (KLR)

Chilango v Mulungu & another (Environment and Land Miscellaneous Case 53 of 2025) [2026] KEELC 4526 (KLR)

Environment and Land Court
10 March 2026
MNMwangi Njoroge
191 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Malindi allowed a landowner to evict occupants from Kilifi/Roka/898 with police protection, though it declined to punish anyone for contempt.

What this practically means

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Executive summary

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This was an unopposed application dated 3rd November 2025 brought before the Environment and Land Court at Malindi seeking enforcement of the judgment of Hon. Justice Olola delivered on 22nd January 2021 in Malindi ELC No. 36 of 2016 concerning land parcel Kilifi/Roka/898. The applicant sought two principal orders: first, that the 1st to 4th respondents be cited for contempt of court for disobeying the orders of 22nd January 2021; and secondly, an order directing the OCPD Kilifi Division and/or the OCS Ngerenya Police Station to provide security as the applicant carries out the eviction of the respondents and removal of illegal structures and erections on the suit land in accordance with the judgment. The application was supported by the applicant's affidavit of even date. No response was filed by any of the respondents. Mwangi Njoroge J noted that the application was unopposed and granted it in terms of prayers (b), (c) and (d) thereof, thereby enabling the applicant to execute the eviction with police security. The judgment does not state the case number of the application, the parties' names, the costs position, or any reasoning beyond the fact of non-opposition. The order was dated, signed and delivered at Malindi on 10th March 2026.

Key legal issues

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01

Enforcement of a prior judgment of the ELC through contempt and police-assisted eviction

Holding

The court granted the unopposed application in terms of prayers (b), (c) and (d), thereby enabling the applicant to execute the eviction of the respondents and removal of illegal structures on Kilifi/Roka/898 in accordance with the judgment of Olola J of 22 January 2021, with police security

Reasoning

The applicant sought citation of the respondents for contempt of the orders of Olola J in Malindi ELC No. 36 of 2016 and an order directing the OCPD Kilifi Division and/or OCS Ngerenya Police Station to offer security during the eviction. The respondents filed no response. The court treated the application as unopposed and granted it, confining the grant to prayers (b), (c) and (d). No substantive reasoning or analysis is set out in the judgment.

p. 1

Legal principles established

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  • An unopposed application may be granted as prayed where no response is filed

Court orders

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  1. 1.The unopposed application dated 3rd November 2025 is granted in terms of prayers number (b), (c) and (d) thereof
Jurisdiction invoked
Inherent contempt jurisdiction of the Environment and Land Court to enforce its own orders (statutory provision not cited in the judgment)

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, "Chilango v Mulungu & another (Environment and Land Miscellaneous Case 53 of 2025) [2026] KEELC 4526 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4526/eng@2026-03-10

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