Gathogo t/a Daystar Auctioneers & another v Friends Church in Kenya (Quakers) Nairobi Yearly Meeting Trustees (Environment and Land Miscellaneous Application E176 of 2026) [2026] KEELC 5154 (KLR)
The bottom line
#The Environment and Land Court dismissed an auctioneer's bid for police-assisted eviction because he filed it in the wrong case and skipped mandatory eviction notices.
What this practically means
#Executive summary
#Key legal issues
#Proper procedural avenue for enforcement of eviction orders
The applicant's recourse to a miscellaneous application to enforce orders in ELC No. E405 of 2024 was contrary to the statutory framework; Section 34(1) of the Civil Procedure Act and Order 22 Rule 6 require execution to be handled by the court that passed the decree
Section 34(1) of the Civil Procedure Act bars a separate suit on questions of execution, discharge or satisfaction of a decree, and Order 22 Rule 6 directs a decree-holder to apply to the court which passed the decree. The court took judicial notice that ELC No. E405 of 2024 is still pending at pre-trial stage, and held that relief sought was intrinsically connected with the orders in that suit and ought to be pursued in the same file.
Compliance with statutory pre-eviction safeguards
The applicant failed to prove service of the Section 152E eviction notice and the Rule 15(d) seven-day auctioneer's notice, breaching mandatory procedural requirements
Section 152E of the Land Act requires a written notice of not less than three months, in an official language, specifying conditions of removal, and served on the occupier, the Deputy County Commissioner and the OCPD. The supporting affidavit contained no evidence of such service. Similarly, Rule 15(d) of the Auctioneers Rules, 1997 requires seven days' written notice specifying date and time, and no such evidence was tendered.
Legal principles established
#- All questions relating to the execution, enforcement, implementation, satisfaction or discharge of a decree must be determined by the court that issued the decree, within the original suit, not by a separate suit
- An eviction of unlawful occupiers of private land requires compliance with Section 152E of the Land Act, including a written notice of not less than three months served on the occupier, the DCC and the OCPD, with proof of service
- An auctioneer conducting an eviction must serve occupants with at least seven days' written notice under Rule 15(d) of the Auctioneers Rules, 1997
Court orders
#- 1.The application dated 3.6.2026 was dismissed with costs
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution (Environment and Land Court); application for police assistance in execution of eviction orders issued in ELC No. E405 of 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gathogo t/a Daystar Auctioneers & another v Friends Church in Kenya (Quakers) Nairobi Yearly Meeting Trustees (Environment and Land Miscellaneous Application E176 of 2026) [2026] KEELC 5154 (KLR)", Case Analysis (2026). ELCLC Misc Application No. E176 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5154/eng@2026-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.