[1998] KEHC 167 (KLR)
The court held that it is unlawful to utilize the police in a civil action for the purpose of effecting or aiding private evictions or reinstatements. The court emphasized that civil process should not be enforced through police intervention except in circumstances expressly provided for by law. As such, the...
Source-derived case information.
- Citation
- [1998] KEHC 167 (KLR)
- Parties
- Plaintiff: Beatrice Njoki Ng'ang'a; Defendant: Mbugua Gachuhi & 2 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 211 of 1996
- Procedural Posture
- Notice of Motion / Ruling on Application for Police Assistance in Execution of Decree
- Outcome
- application dismissed
- Judges
- JL Osiemo
- Legal Topics
- Execution of Decree, Police Assistance, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Beatrice Njoki Ng'ang'a
Plaintiff
Mbugua Gachuhi & 2 Others
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Police Assistance in Execution of Decree
Legal Issues
- 1 Whether the court can order police officers to assist in the execution of a civil decree for eviction.
- 2 Whether it is lawful to utilize police in a civil action for the purpose of effecting or aiding private evictions.
Ratio Decidendi
The court held that it is unlawful to utilize the police in a civil action for the purpose of effecting or aiding private evictions or reinstatements. The court emphasized that civil process should not be enforced through police intervention except in circumstances expressly provided for by law. As such, the application for police assistance in executing the decree for eviction was dismissed.
Court Disposition
application dismissed
Orders
- The application for police assistance in execution of the decree is dismissed.
- No order for police to supervise or assist in the eviction process.
Full Case Text
Judgment text and source record
13 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI CRIMINAL APPEAL NO. 211 OF 1996
BEATRICE NJOKI NG’ANG’A...................................PLAINTIFF
-Versus-
MBUGUA GACHUHI & 2 OTHERS........................DEFENDANT
RULING
This application by way of notice of motion brought under Order L. Rules 1,2, & 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act seeks orders that (1) the officer commanding Pangani Police Station do by himself, his officers and /or such other police officers as he may appoint do supervise and render assistance to the Court Bailiff, in executing decree issued on 24th July, 1997 and any subsequent orders thereto.
(2) That reasonable force be used to execute the aforesaid order.
(3) The costs of this application to be paid by the defendants/respondents.
The application is supported by a sworn affidavit of the applicant dated 23rd March, 1998 in which she has deponed as follows: 1. That subsequent to the honourable court issuing a decree for vacant possession and eviction herein she had met the officer in charge of the court bailiffs situated at Milimani Court who upon examination of the order and mailing a general enquiry in the suit premises advised her to request for police protection and security for the said bailiff when executing the eviction order.
This being a civil action, it would be unlawful to utilize the police in a civil action for the purpose of effecting or aiding private evictions or reinstatements. For that reason I decline to issue the order sought and dismiss the application.
Dated and delivered at Nairobi this 4th day of November, 1998
J.L.A. OSIEMO
JUDGE