Kibui (Suing as the Administrator of the Estate of Mary Wangechi Kibui) v Kibui & 4 others (Environment and Land Case 200 of 2016) [2026] KEELC 4604 (KLR)
The bottom line
#A Nyeri court allowed a landowner to enforce her judgment but refused to double-up on remedies already granted by the Court of Appeal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether leave should issue for the firm of Karoki Mwangi & Co. Advocates to come on record post-judgment
- 2.Whether the Applicant is entitled to the entire suit property or only a half share
- 3.Whether orders of injunction/perpetual restraining order sought are available
- 4.Whether eviction warrants may issue in execution of the decree
- 5.Whether mesne profits should be awarded as sought
Key legal issues
#Post-judgment change of advocate
Allowed without reservation as unopposed, under Order 9 Rule 9
Order 9 Rule 9 requires a court order or consent for a change of advocate post-judgment. The application was made with notice and was not objected to, so leave was granted as sought.
Scope of the Court of Appeal decree
The decree restored the pre-2010 position (tenancy in common between the estate and the 1st Defendant), revoked the Respondent's title, and ordered re-registration to facilitate succession; it did not vest the whole property in the Applicant
The court examined Order 2c of the decree and the plaint, finding the property was held as tenants in common in equal shares before January 21, 2010, and the decree ordered reversion to that position. The Respondent's claim to a half share as purchaser from the 1st Defendant failed because his title was revoked and cancelled.
Functus officio
This Court cannot grant orders duplicating or varying the decree, as it is functus officio
Relying on Raila Odinga v IEBC, the court held it could not issue fresh injunctions or restraining orders already contained in the decree, as the functus officio doctrine bars a court from re-exercising adjudicative power over a concluded matter.
Eviction in execution
Eviction is a lawful mode of executing the decree since the Respondent's title was revoked
The court found that since eviction is part of execution of a court order and the Respondent's title had been revoked, eviction orders would aid execution of the decree and could be granted by this Court.
Mesne profits
Accounting of rents ordered rather than a lump sum; Respondent to account within 30 days
The decree provided for an account of mesne profits from January 21, 2010. The court did not award the claimed Kshs. 37,000,000 but directed an accurate account of rent payments, with default attracting contempt.
Legal principles established
#- A successful party is entitled to the fruits of his judgment
- Functus officio - a court that has rendered a decision has no further authority over that matter
Court orders
#- 1.Leave granted to Karoki Mwangi & Co. Advocates to come on record post-judgment
- 2.Prayers for fresh injunction/perpetual restraining orders declined as functus officio
- 3.Order directing 2nd Defendant to provide an accurate account of rent payments from January 21, 2010 to date within 30 days and deliver the same, failing which contempt
- 4.Order directing 2nd Defendant to surrender his revoked title deed to the Land Registrar forthwith
- 5.Eviction orders available to aid execution of the decree
- 6.Costs of the application to the Applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal
- Nyeri Civil Appeal No. E094 of 2022
- Jurisdiction invoked
- Execution of decree under Order 22 and Order 9 Rule 9 of the Civil Procedure Rules
Relief refused
#Fresh injunction and perpetual restraining order against the Respondent
Already granted by the Court of Appeal; this Court is functus officio
Order directing Land Registrar to re-register the property in the names of James Kiongo and Mary Wangechi Kibui
Already granted by Order 2c of the Decree; Applicant must follow proper procedural steps
Mesne profits of Kshs. 37,000,000
Only an accounting was decreed; Applicant cannot self-assess mesne profits not pleaded or proved
Costs
Application succeeds with costs to the Applicant.
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 Applicant/Decree-Holder has sought several orders that cannot be granted at this stage because this Court is functus officio
Eviction is part of the execution of a Court order. Since the 2nd Defendant’s title was revoked, this order would only serve to aid the execution of the decree and thus can be granted by this Court
The ordinary principle is that a successful party is entitled to the fruits of his judgment or of any decision of the court giving him success at any level. That is trite knowledge
This Court therefore directs the 2nd Defendant to provide an accurate account of rent payments from January 21, 2010, to date within 30 days of this ruling and to deliver the same. Failure to do so will result in contempt of Court
The 2nd Defendant is hereby ordered to surrender his revoked title deed to the Land Registrar forthwith, as it appears he has not yet done so
Therefore, the application dated November 2, 2025, succeeds in the manner I have provided above, with costs.
Issues in the judgment
#Date of Court of Appeal judgment stated inconsistently within the judgment
Applicant's gender referred to inconsistently as both 'He' and 'she' in the affidavit summary
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kibui (Suing as the Administrator of the Estate of Mary Wangechi Kibui) v Kibui & 4 others (Environment and Land Case 200 of 2016) [2026] KEELC 4604 (KLR)", Case Analysis (2026). ELC NO. 200 OF 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4604/eng@2026-07-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.