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ELCAllowedNot stated in judgment· [2026] KEELC 5062 (KLR)

Kiriny v Thuranira (Environment and Land Appeal E020 of 2025) [2026] KEELC 5062 (KLR)

Environment and Land Court
31 July 2026
2,085 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court confirmed you don't need a statutory eviction notice before enforcing a court decree, and police must help you.

What this practically means

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Executive summary

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This was a Notice of Motion dated 20 July 2026 brought by the Appellant/Applicant under Order 51 Rule 1 of the Civil Procedure Rules and Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, seeking an order that the OCS Kula Mawe Police Station provide security to enable the applicant to execute the decree of 5 February 2026, by which the court had directed the respondent to remove an offensive gate erected on a portion of Plot No. 1021C Kambi ya Juu within thirty days, failing which the applicant could remove it. The respondent opposed, contending that the court was functus officio following a notice of appeal, that the intended appeal had overwhelming chances of success, that the applicant had not served the statutory notice under Section 152E(2) of the Land Act, and that the application was premature. The court framed two issues: whether a statutory notice under Section 152E(2) of the Land Act was required before implementing the decree, and whether the applicant had established a sufficient basis for the orders sought. Holding that the Section 152A–F eviction protocol regulates private evictions but was never intended to defeat a lawful court decree, and that requiring such notice would create a parallel suit amounting to a legal absurdity, the court found the applicant, as decree holder, entitled to the fruits of the judgment. The application was allowed; the OCS was directed to provide reasonable security, the applicant to bear security costs, and the respondent to bear the costs of the application.

Key legal issues

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01

Whether Section 152E(2) statutory notice under the Land Act is required before executing a court decree of eviction

Holding

No; the statutory eviction protocol does not apply to execution of a lawful decree of a court of competent jurisdiction.

Reasoning

Sections 152A–F of the Land Act were enacted to regulate evictions undertaken without due process, affording occupiers notice and an opportunity to challenge eviction. They were not meant to defeat or subordinate a lawful court decree. Requiring a decree holder to serve such notice would create a parallel suit alongside an existing decree, a legal absurdity the provisions were not designed to achieve.

p. 3
02

Whether the applicant established sufficient basis for an order directing police security to facilitate execution of the decree

Holding

Yes; the respondent defied the judgment directing removal of the gate within 30 days, and without security the applicant would hold a paper judgment incapable of actualisation.

Reasoning

The court had directed removal of the offensive gate within thirty days and gave the applicant liberty to remove it upon default. The respondent failed to comply. Relying on Teachers Service Commission v KNUT, the court held orders must be obeyed, and that the decree holder is entitled to the fruits of the judgment, warranting an order that the OCS provide reasonable security.

p. 4
03

Whether the court is functus officio by reason of a filed notice of appeal

Holding

Rejected; the filing of a notice of appeal did not oust the court's jurisdiction to enforce its decree.

Reasoning

The respondent contended the court was functus officio having filed and served a notice of appeal. The court did not accept this and proceeded to enforce its decree, holding that court orders cannot be disregarded and avenues for challenging them are set out in the law; defiance is not an option.

p. 4

Legal principles established

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  • A decree holder executing a lawful court decree of eviction is not obligated to serve the statutory notice under Section 152E(2) of the Land Act, 2012.
  • Court orders must be complied with; defiance is not an option.

Court orders

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  1. 1.The Application dated the 20.07.2026 be and is hereby Allowed
  2. 2.The OCS – Kula Mawe Police Station be and is hereby directed to provide reasonable security to the applicant or the applicant's nominee to facilitate the removal of the offensive gate located on a portion of plot number 1021C – Kambi ya Juu
  3. 3.The Applicant shall bear the costs/expenses/charges (if any) attendant to the provision of Security, in accordance with the applicable Government Scales
  4. 4.The Respondent shall bear the costs of the application
  5. 5.The costs in terms of clause (iv) shall be agreed upon and in default be taxed in the conventional manner
Jurisdiction invoked
Order 51 Rule 1 of the Civil Procedure Rules, 2010; Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Chapter 21, Laws of Kenya

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, "Kiriny v Thuranira (Environment and Land Appeal E020 of 2025) [2026] KEELC 5062 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5062/eng@2026-07-31

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