Wilfred Gisebe Gisebe v Director of Public Prosecution & 2 others

3. d. That the Honourable court be pleased to authorize the Interested Party/Decree Holder to sell parcel number NO. Transmara/Olorien/20 owned by the Plaintiff/Decree Holder through any licensed Auctioneer or court bailiff through public auction or any other lawful means and the proceeds obtained from the sale be used to offset the decretal sum which now stands at Kshs 452,230/= unless the Plaintiff/Judgment Debtor pays the outstanding Decretal sum immediately together with Auctioneer charges. e. That the Plaintiff /Judgment debtor herein be ordered to hand over the property herein upon the sale to the successful purchaser failure to which the same be forcefully evicted therefrom. f. The OCS Transmara Police station to enforce limb 5 of this Order. g. Costs of this application be borne by the Judgment debtor. h. Such further other orders be made as the court may deem fit and expedited. This application on the grounds that; a. The Application herein is with respect to this Honourable Court’s Judgment delivered on the 28th day of June 2019 dismissing the Plaintiff/Respondent Ex-Parte application dated the 18th day of September 2017, with costs, to the Interested Party. b. Pursuant to the aforementioned Judgement, the Interested Party filed its Bill of costs dated the 25th day of September, 2021, which Bill was taxed in the sum of Kshs. 452,230/= on the 2nd day of April 2024 and a certificate of taxation issued. c. The Plaintiff/Judgment Debtor has neglected, failed, refused and/or ignored the Responsibility to settle the Decretal sum in this suit. d. The Plaintiff/Judgment Debtor has immovable property capable of settling in full the amount owing, that is L.R NO. TRANSMARA/OLORIEN/20 which is at risk of being disposed which will render the Interested /Applicant unable to recover the court’s award from the Judgment Debtor. e. This Court has power and jurisdiction to prohibit and/or inhibit the property of the Plaintiff/ Judgment debtor under Section 44(1) of the Civil Procedure Act and Order 22 Rule 48(1) of the Civil Procedure Rules, until the Decretal sum is paid in full or the said property is sold to realize the amount owing. f. The only asset the plaintiff /Judgement debtor has which at his disposal is the suit property, L.R NO. Transmara/Olorien/20 and is in the interest of justice that the Interested party be allowed to dispose the same via public auction to settle the decretal sum herein outstanding. g. It has also been very difficult to locate any property owned by the plaintiff/Judgment debtor and it is therefore necessary that this court do inhibit and/or attach the same so the decretal sum herein can be settled through proceeds of sale of the parcel. h. Is therefore necessary this court be pleased to forthwith issue an order of inhibition or prohibition attaching the subject property of the Judgment debtor and/or prohibiting the Judgment debtor, his family, servants and/or agents and any other persons from transferring, alienating or disposing the suit property and the suit parcel to remain intact and in place until the Decretal sum is paid in court in full or unless further orders are issued by this court. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19735/eng@2025-06-30 2

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i. 4. There exists special circumstances that necessitate the instant Application being heard on priority. The application is supported by an Affidavit by Joshua ole Mokita, the secretary of the interested party /the applicant herein that the judgement debtor has neglected, failed, refused, ignored the responsibility to settle the decretal sum in this suit. The decree holder has an immovable property capable of settling the applicant herein, urgent orders be granted since other property cannot be located and the land is at risk of being disposed hence may render the applicant unable to recover the courts award from the judgement debtor, the applicant seeks public auction to settle debt. The application was not opposed. 5. I have considered the application herein, the affidavit and the annextures, I note that prayer 3 for prohibitory order pending hearing and determination has been overtaken by events as no interim orders were granted and so prayer 4 for sale of the property and thus prayer 5 cannot issue. For the said reason I proceed to strike out the application. No orders as to costs. T.A ODERA JUDGE 30.6.25 Delivered Virtually Via Teams Platform In The Presence Of: Court Assistant - Kipchirchir N/A for Parties https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19735/eng@2025-06-30 3

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