Kiriny v Thuranira (Environment and Land Appeal E020 of 2025) [2026] KEELC 5062 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether Section 152E(2) statutory notice under the Land Act is required before executing a court decree of eviction
No; the statutory eviction protocol does not apply to execution of a lawful decree of a court of competent jurisdiction.
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.
Whether the applicant established sufficient basis for an order directing police security to facilitate execution of the decree
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.
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.
Whether the court is functus officio by reason of a filed notice of appeal
Rejected; the filing of a notice of appeal did not oust the court's jurisdiction to enforce its decree.
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.
Legal principles established
#- 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
#- 1.The Application dated the 20.07.2026 be and is hereby Allowed
- 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.The Applicant shall bear the costs/expenses/charges (if any) attendant to the provision of Security, in accordance with the applicable Government Scales
- 4.The Respondent shall bear the costs of the application
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.