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ELCOtherELC Petition No. 2 of 2014 (Kitale)· [2026] KEELC 4741 (KLR)

Lonyala & 26 others v Lodio & 12 others (Environment and Land Petition 2 of 2014) [2026] KEELC 4741 (KLR)

Environment and Land Court
24 July 2026
655 words in judgment
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The bottom line

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A Kenyan court refused break-in and police security orders because the auctioneers skipped serving the other side before seeking orders affecting them.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kitale, delivered by G.M. Gitonga J on 24 July 2026, dealt with an application dated 8/7/2026 by the auctioneers/applicants seeking break-in orders to access and seize proclaimed property from the petitioners' yard, and an order directing the OCS Kapenguria Police Station (or any nearer station) to provide security for executing warrants of attachment issued in Kitale ELC Petition No. 2 of 2014, in execution of a decretal sum of Kshs. 56,529,591/-. The application was grounded on the applicants' claim that their attempt to attach the proclaimed items failed because the petitioner's agents turned hostile and denied them access. On 10/7/2026 the court directed that the application be served on all parties for mention on 21/7/2026. At the mention, there was no appearance for the respondents, and counsel for the applicants, Mr. Karani, maintained that the application was a routine ex parte application for security, without addressing whether service had been effected as directed. The court held that the orders sought had far-reaching consequences on the parties against whom execution was levied, and that the audi alteram partem rule - a non-derogable right under Article 25 of the Constitution - required that the affected parties be served and heard before break-in orders could issue. Noting also that the scheduled movable property could hardly realise Kshs. 3,000,000/- against the decretal sum, the court stressed the need for supervised execution. It declined to grant any orders sought and directed service of the application on all parties for directions on a later date. No costs order was made.

Key legal issues

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01

Service and hearing before granting break-in and security orders for execution

Holding

The application was not mature for consideration because it was not served on the affected parties as the court had directed on 10/7/2026; the orders sought were accordingly declined.

Reasoning

The court held the orders sought had far-reaching consequences on the parties against whom execution was levied. The audi alteram partem rule, a non-derogable right under Article 25 of the Constitution, required that the affected parties be served, notified and allowed to make representations before break-in orders could issue. Since counsel did not confirm service as directed, the application could not be entertained ex parte.

p. 4
02

Judicial supervision of execution where the proclaimed property may not realise the decretal sum

Holding

The court observed that the decretal sum of Kshs. 56,529,591/- far exceeds what the scheduled moveable property could realise (hardly Kshs. 3,000,000/-), warranting supervised execution.

Reasoning

On perusing the schedule of movable property to be attached, the court noted the disparity between the decretal sum of Kshs. 56,529,591/- and the likely realisation of hardly Kshs. 3,000,000/-. This disparity meant the entire execution process needed court supervision so that the applicants enjoy the fruits of their judgment through a fair process.

p. 3

Legal principles established

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  • Audi alteram partem is a fundamental and non-derogable principle of the judicial system; orders with far-reaching consequences cannot issue ex parte without serving and hearing the affected parties
  • Where execution is sought and the property to be attached is unlikely to realise the decretal sum, the court must supervise the execution process to ensure fairness

Court orders

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  1. 1.Declined to grant any of the orders sought in the application dated 8/7/2026
  2. 2.Directed that the application be served upon all the parties in this matter, for directions on a date to be determined after the ruling
Jurisdiction invoked
Environment and Land Court jurisdiction in execution of decrees issued in Kitale ELC Petition No. 2 of 2014

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, "Lonyala & 26 others v Lodio & 12 others (Environment and Land Petition 2 of 2014) [2026] KEELC 4741 (KLR)", Case Analysis (2026). ELC Petition No. 2 of 2014 (Kitale). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4741/eng@2026-07-24

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