[2022] KEELC 1880 (KLR)
The court held that, since there was no stay of execution, the plaintiff as decree holder was entitled to enforce the eviction order. However, the court clarified that the police's role is strictly to ensure law and order during the eviction process, and not to carry out the eviction themselves. The actual eviction...
Source-derived case information.
- Citation
- [2022] KEELC 1880 (KLR)
- Parties
- Plaintiff: Anthony Ndung’u Maina; Defendant: Faith Wanjiku Maina
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 111 of 2017
- Procedural Posture
- Environment and Land Case / Post Judgment Enforcement Application
- Outcome
- Application allowed with modification.
- Judges
- BM Eboso
- Legal Topics
- Eviction Orders, Enforcement of Judgments, Role of Police in Eviction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Ndung’u Maina
Plaintiff
Faith Wanjiku Maina
Defendant
Procedural Posture
Environment and Land Case / Post Judgment Enforcement Application
Legal Issues
- 1 Whether the court should grant police assistance to enforce an eviction order in the absence of a stay.
- 2 What is the proper scope of police involvement in enforcing a court-ordered eviction.
Ratio Decidendi
The court held that, since there was no stay of execution, the plaintiff as decree holder was entitled to enforce the eviction order. However, the court clarified that the police's role is strictly to ensure law and order during the eviction process, and not to carry out the eviction themselves. The actual eviction must be conducted by licensed court officers authorized to execute such orders. The application for police assistance was therefore granted with this modification to the scope of police involvement.
Court Disposition
Application allowed with modification.
Orders
- The officer in charge of Mwihoko Police Post shall ensure law and order is maintained during the eviction of the defendant from LR No. Ruiru Kiu/Block 4/458.
- The decree holder shall engage relevant licensed court officers to carry out the eviction.
Full Case Text
Judgment text and source record
18 paragraphs
THE REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT THIKA
ELC CASE NO 111 OF 2017
ANTHONY NDUNG’U MAINA ................... PLAINTIFF
=VERSUS=
FAITH WANJIKU MAINA ........................... DEFENDANT
RULING
1. This court (Gacheru J) rendered a judgment in this suit on 19/11/2020 in favour of the plaintiff in the following terms;
(a) That an eviction order be and is hereby issued directing the defendant to demolish her illegal structure, remove the debri thereof, and to vacate all that property known as LR No. Ruiru Kiu/Block 4/458, share certificate number 1512, Mwihoko Housing Company Limited.
(b) That the defendant’s counterclaim be and is hereby dismissed entirely.
(c) That costs to the plaintiff.
2. Subsequent, the plaintiff brought a notice of motion dated 8/12/2020 seeking an order that the officer in charge of Mwihoko Police Post do enforce the eviction order. The said application is the subject of this ruling. It was supported by the plaintiff’s affidavit sworn on 8/12/2020. I have considered the said application. In the absence of a stay order there is no proper reason why the decree holder should not be assisted to enforce the decree. I will in the circumstances, grant the plea as prayed in prayers 2 and 3 of the application but modify the court order to limit the role of the police to ensuring law and order during the eviction. The decree holder shall enlist the services of the relevant licensed court officers mandated to carry out evictions.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 24TH DAY OF JANUARY 2022
B M EBOSO
JUDGE
In the Presence of: -
Ms Mugo for the Plaintiff
Court Assistant: Phyllis Mwangi