https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/153

https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/153

Although there was evidence suggesting some tenants knew of the distress proceedings, the court was not satisfied that all affected tenants had a meaningful opportunity to participate before the police-assisted distress orders were issued. Given the seriousness of the orders, the number of tenants involved, and the...

Source-derived case information.

Citation
[2026] KEMC 153 (KLR)
Parties
Plaintiff: Jeremiah Omondi t/a Jetal Kenya Limited; 1st Defendant: Momentum Credit Limited; 2nd Defendant: Rigid Auctioneers
Court
Magistrate's Court
Jurisdiction
Kenya
Case Number
Civil Case E332 of 2026
Procedural Posture
Civil Case; Ruling on a Motion to Set Aside Ex Parte Orders in Distress for Rent Proceedings / Ruling on Notice of Motion Dated 27 March 2026
Outcome
Partially allowed
Judges
["EM Mwamuye"]
Legal Topics
Setting Aside Ex Parte Orders, Service of Process, Substituted Service by Affixing, Distress for Rent, Police Assisted Execution, Right to Be Heard, Status Quo Pending Inter Partes Hearing
Source Language
en
Civil Procedure Landlord and Tenant Execution/enforcement Constitutional Fair Hearing Setting Aside Ex Parte Orders Service of Process Substituted Service by Affixing Distress for Rent +3 more

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Parties

Jeremiah Omondi t/a Jetal Kenya Limited

Plaintiff

Momentum Credit Limited

1st Defendant

Rigid Auctioneers

2nd Defendant

Procedural Posture

Civil Case; Ruling on a Motion to Set Aside Ex Parte Orders in Distress for Rent Proceedings / Ruling on Notice of Motion Dated 27 March 2026

Legal Issues

  1. 1 Whether the Applicants were served with the application dated 2 December 2025
  2. 2 Whether sufficient grounds existed to set aside the orders issued on 18 December 2025
  3. 3 What interim and final orders should issue

Ratio Decidendi

Although there was evidence suggesting some tenants knew of the distress proceedings, the court was not satisfied that all affected tenants had a meaningful opportunity to participate before the police-assisted distress orders were issued. Given the seriousness of the orders, the number of tenants involved, and the constitutional demand for a hearing on the merits, the court exercised discretion to reopen the matter, keep the impugned orders suspended pending inter partes hearing, and preserve the status quo.

Court Disposition

Partially allowed

Orders

  • The Notice of Motion dated 27 March 2026 is partially allowed.
  • The orders issued on 18 December 2025 authorizing police supervision and assistance remain set aside pending the hearing and determination of the application dated 27 March 2026.