[2016] KEHC 7474 (KLR)

[2016] KEHC 7474 (KLR)

The court found that the applicant had not established, beyond reasonable doubt, that the respondents were in contempt of court, as there was no evidence of willful disobedience of the relevant court orders. The orders for eviction required the applicant to identify invaders and trespassers and report them to the...

Source-derived case information.

Citation
[2016] KEHC 7474 (KLR)
Parties
Applicant: Hon. Basil Criticos; Respondent: Attorney General; Respondent: Commissioner of Police; Respondent: Minister of State, Office of the President; Interested Party: Agricultural Finance Corporation
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Application 1019 of 2004
Procedural Posture
Miscellaneous Application / Ruling on Applications for Enforcement of Eviction Orders and Contempt
Outcome
applications dismissed with directions
Judges
I Lenaola
Legal Topics
Eviction Orders, Contempt of Court, Enforcement of Judgments, Right to Property, Identification of Trespassers, Public Officer Duties
Source Language
en
Land and Property Civil Procedure Constitutional Law Eviction Orders Contempt of Court Enforcement of Judgments Right to Property Identification of Trespassers +1 more

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Parties

Hon. Basil Criticos

Applicant

Attorney General

Respondent

Commissioner of Police

Respondent

Minister of State, Office of the President

Respondent

Agricultural Finance Corporation

Interested Party

Procedural Posture

Miscellaneous Application / Ruling on Applications for Enforcement of Eviction Orders and Contempt

  1. 1 Whether the respondents are in contempt of court for failing to enforce eviction orders as alleged by the applicant.
  2. 2 Whether the applicant is entitled to enforcement of eviction orders against invaders and trespassers on his properties.
  3. 3 What procedural steps are required for lawful eviction and enforcement of court orders in the circumstances.

Ratio Decidendi

The court found that the applicant had not established, beyond reasonable doubt, that the respondents were in contempt of court, as there was no evidence of willful disobedience of the relevant court orders. The orders for eviction required the applicant to identify invaders and trespassers and report them to the police for enforcement; the police could not act suo motu without such identification, given the presence of lawful occupants and the complexity of the land situation. The court emphasized that enforcement of eviction orders must be carefully tailored to affect only those identified as invaders or trespassers, and not innocent or lawful occupants. The applications for contempt...

Court Disposition

applications dismissed with directions

Orders

  • The applicant shall identify all invaders and trespassers on his properties in Taveta and report them to the Officer Commanding Police Division Taveta District.
  • The Officer Commanding Police Division Taveta District shall, upon receiving such report, effect the eviction orders by ejecting such invaders and trespassers from the applicant's properties, specifically L.R Nos 6731 and 6732.