MW v AN (Matrimonial Case 20 of 2016) [2026] KEHC 3145 (KLR) (27 January 2026) (Ruling) Neutral citation: [2026] KEHC 3145 (KLR) FORMERLY HCC 246 OF 2011 REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU MATRIMONIAL CASE 20 OF 2016 SM MOHOCHI, J JANUARY 27, 2026 BETWEEN MW ........................................................................................................... PETITIONER AND AN ............................................................................................................. DEFENDANT RULING 1. This is a post judgment ruling on an application dated 23rd October, 2024 to have an order requiring the Respondent to vacate the parcel No. Nakuru Municipality Block 25/4XX to pave way for the sale of the same in execution of the judgment. 2. I am persuaded on a balance of probability that the Respondent’s continued occupation of the suit property is a hindrance to the execution of the judgment. 3. The Respondent had on 23rd October, 2024 indicated in submission that he was willing to voluntarily vacate the premises within 90 to 120 days. 4. It is therefore apparent that the period sought has since lapsed and it is rational to expect that by now he has vacated. 5. However, and in the interest of justice this Court affords the Respondent the last opportunity to voluntarily vacate parcel No. Nakuru Municipality Block 25/4XX within the next 60 days from today: 1. The Respondent shall notify the Applicant or its agent Muriu Properties of the actual date to vacate and hand over the keys. 2. Failure to comply and voluntarily vacate by the Respondent as ordered in (1) above shall automatically give rise to an order of eviction to be effected immediately after 60 days from today. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3145/eng@2026-01-27 1
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3. The OCS within the jurisdiction where parcel LR Nakuru Municipality Block 25/4XX is situated is hereby ordered to provide adequate security to effect the eviction. 4. I am inclined to order parties to bear their own costs. DATED, SIGNED AND DELIVERED AT NAKURU ON THIS DAY OF 27TH DAY OF JANUARY, 2026 S. MOHOCHI JUDGE In the presence of: Mr. Mutai holding brief for M/s Wamae for Respondent. Nancy Njoroge for Applicant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3145/eng@2026-01-27 2
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