Agenga v Sikembo & 2 others (Miscellaneous Application E006 of 2023) [2026] KEELC 2518 (KLR) (22 April 2026) (Ruling)

Agenga v Sikembo & 2 others (Miscellaneous Application E006 of 2023) [2026] KEELC 2518 (KLR) (22 April 2026) (Ruling)

The 3rd defendant/applicant, though not the registered owner, was in occupation of the suit property at the time the suit was filed and could only be lawfully evicted in accordance with section 152 of the Land Act. Since this procedure was not followed, the applicant is entitled to reinstatement to the status quo ante pending hearing and determination of the suit. Leave to file defence and counterclaim out of time is granted as unopposed. No sufficient basis was made for summoning the area chief.

Citation
[2026] KEELC 2518 (KLR)
Parties
Plaintiff/respondent: Fredrick Okello Agenga; 1st Defendant/respondent: Joseph Okoch Sikembo; 2nd Defendant/respondent: Joseph Onyango Ochunji; 3rd Defendant/applicant: Nicholas Okada Wanyama
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
22 April 2026
Case Number
Miscellaneous Application E006 of 2023
Procedural Posture
Miscellaneous Application (environment and Land) / Ruling on Interlocutory Application
Outcome
application partially allowed
Legal Topics
Eviction, Injunctions, Leave to File Defence Out of Time, Summoning of Witnesses
Source Language
English
Land Law Civil Procedure Eviction Injunctions Leave to File Defence Out of Time Summoning of Witnesses

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Parties

Fredrick Okello Agenga

Plaintiff/respondent

Joseph Okoch Sikembo

1st Defendant/respondent

Joseph Onyango Ochunji

2nd Defendant/respondent

Nicholas Okada Wanyama

3rd Defendant/applicant

Procedural Posture

Miscellaneous Application (environment and Land) / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the 3rd defendant/applicant is entitled to an interim prohibitory injunction over Bunyala/Mudembi/2695
  2. 2 Whether the 3rd defendant/applicant should be granted leave to file a statement of defence and counterclaim out of time
  3. 3 Whether the area chief should be summoned to testify and produce documents regarding the alleged unlawful eviction and demolition

Ratio Decidendi

The 3rd defendant/applicant, though not the registered owner, was in occupation of the suit property at the time the suit was filed and could only be lawfully evicted in accordance with section 152 of the Land Act. Since this procedure was not followed, the applicant is entitled to reinstatement to the status quo ante pending hearing and determination of the suit. Leave to file defence and counterclaim out of time is granted as unopposed. No sufficient basis was made for summoning the area chief.

Court Disposition

application partially allowed

Orders

  • Status quo ante as pertains to use and occupation of the suit property to be restored pending hearing and determination of the suit.
  • Leave granted to the 3rd defendant/applicant to file and serve statement of defence and counterclaim within seven days; plaintiff to reply within seven days of service.