https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4780

 REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT OF KENYA AT MOMBASA COUNTY COURT NAME: MOMBASA ENVIRONMENT AND LAND COURT CASE NUMBER: ELC 166/2015 JUMAA CHENGO KASHAHA VS REGISTRAR OF TITLES RULING The applicant comes to this court vide application dated 8th July 2025 seeking orders that this Honourable Court do issue an Order for ATTACHMENT BEFORE JUDGMENT of all those parcels of land registered in the individual names of the PLAINTIFFS/ CLIENTS/ RESPONDENTS whose names appear in the Authority To Appear and Plead first filed together with the Petition/ Plaint herein dated the 23 rd day of January, 2013, particulars whereof are as follows: 1. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1226, registered in the name of Peter Mweri; 2. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1297, registered in the name of Omar Salim; 3. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1045, registered in the name of Salim Chengo; 4. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1117, registered in the name of Omar Salim Nguma; 5. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1271, registered in the name of Lucy Kanze Chengo; 6. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1017, registered in the name of Japhet Lawrence Ndune; 7. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 224, registered in the name of Judith Rambaye; 8. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 227, registered in the name of Lawis Muthuku Muchai; 1. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 276, registered in the name of Lawis Muthuku Muchai (j) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1093, registered in the name of Lawis Muthuku Muchai (k) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1095, registered in the name of Lawis Muthuku Muchai (1) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1265, registered in the name of Moses K. Waweru; 1. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1064, Hussein Samuel Sheti; 2. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1037, Mariam Shabani; 3. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1123, Boniface Kepha Nyamawi Saga; 4. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1245, Dahabu Hare Kahindi Ruwa; registered in the name of registered in the name of registered in the name of registered in the name of 1. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 377, registered in the name of Elija Safari Chipa Mwangome; 2. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 592, registered in the name of Rebecca Wambui Muthama; 3. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 64, registered in the name of Moses Ringera Mwaura Njuguna; 4. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1178, registered in the name of Samuel Nzaro Kungu; 5. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1028, registered in the name of Samuel Kagech Kungu; 6. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 577, registered in the name of Johnson Nzai Ruwa; 7. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 56, registered in the name of Moses Kornbe Ruwa; 8. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1193, registered in the name of Johnson Safari Ruwa; 9. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 573, registered in the name of Lucy Achieng'; 10. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 552, registered in the name of Dorcas Atieno Oduor; (aa) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 523, registered in the name of Salim A. Mohamed', Kilifi/ Mtwapa-Maweni Settlement Scheme/ 258, registered in the name of Cecilia Mukeira; (cc) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1039, registered in the name of Boniface Kazungu Karisa; (dd) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 525, registered in the name of David Mwambire; Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1240, registered in the name of D.M. Mwambire; (ff) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1204, registered in the name of Sammuel Mwangi Muraya; Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1139, registered in the name of Samuel Mwangi Kagechu, (hh) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 543, registered in the name of Omollo Kenned Seko, (ii) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 491, registered in the name of Caroline Achieng' George; (j) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1077, registered in the name of Teresia Wanjiru Makena; (kk) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 478, registered in the name of Jane Muche Ageng'o; (Il) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 499, registered in the name of Hassan Mbega; (mm) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1067, registered in the name of Hassan Masoud Somo; (nn) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 480, registered in the name of Margaret Luvuno Kombo; (00) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1221, registered in the name of Margaret Luvuno Kombo; (pp) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1222, registered in the name of Margaret Luvuno Kombo; Kilifi/ Mtwapa-Maweni Settlement Scheme/ 548, registered in the name of Benson Charo Kombe; (IT) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 57, registered in the name of Kazngu Unda Kombe; (SS) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 507, registered in the name of Khamis Kombe; (tt) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1106, registered in the name of Arthur Mwambui Mwamburi; (uu) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 38, registered in the name of Kazungu Ngala Chome; Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1039, registered in the name of Mwanajuma Khamisi Chome; (ww) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 598, registered in the name of Monica Kioko; (xx) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 28, registered in the name of Monica Kithome; (yy) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 463, registered in the name of William Chibule; (zz) William Chibule; (aaa) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1310, registered in the name of Samuel Pekeshe Cheti; (bbb) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 541, registered in the name of Abdalla Khassim; (hereinafter the "Sole Traceable Properties") as Security for the Appearance herein of the PLAINTIFFS/ CLIENTS/ RESPONDENTS, pending hearing and determination hereof; 1. THAT in the alternative to Prayer three (3) above and without prejudice thereto, this Honourable Court do issue an Order that a CHARGE be registered in and over each of the above listed SOLE TRACEABLE PROPERTIES as Security for the Appearance herein of the PLAINTIFFS/ CLIENTS/ RESPONDENTS, pending hearing and determination hereof; 2. THAT upon hearing inter partes and determination of this Application, And consequent upon this Honourable Court, allowing Prayers one (1) through to four (4) hereabove, this Honourable Court do issue a PROHIBITORY ORDER to be registered against the aforementioned SOLE TRACEABLE PROPERTIES And the PLAINTIFFS' ADVOCATE/ APPLICANT be at liberty to commence Execution thereagainst immediately upon issuance of a Certificate of Taxation; 3. THAT the PLAINTIFFS/ CLIENTS/ RESPONDENTS be condemned to pay the PLAINTIFF'S ADVOCATE/ APPLICANT the Costs hereof. The application is based on the following Grounds:- 1. The PLAINTIFFS' ADVOCATE/ APPLICANT herein was duly instructed by the PLAINTIFFS/CLIENTS/ RESPONDENTS to perform the Legal Services set out in the Bill of Costs; 2. Despite the PLAINTIFFS' ADVOCATE/ APPLICANT executing the instructions, his Fees for the Legal Services rendered were not paid on demand; 3. That despite the ADVOCATE/ CLIENT BILL OF COSTS herein being duly served upon the PLAINTIFFS/ CLIENTS/ RESPONDENTS, the PLAINTIFFS/ CLIENTS/ RESPONDENTS have failed to respond to the said Bill of Costs or raise any Objection, Or better still, to settle the same forthwith, thereby rendering this Application necessary 4. That the PLAINTIFF'S ADVOCATE/ APPLICANT is apprehensive that following the successful survey and subdivision of the Suit Properties which are the subject of the ADVOCATE/ CLIENT BILL OF COSTS herein, And the subsequent and Registration of the subdivisions thereof in the names of, inter alia, the PLAINTIFFS/ CLIENTS/ RESPONDENTS, the PLAINTIFFS/ CLIENTS/ RESPONDENTS have no other assets and/or properties within the jurisdiction of this Honourable Court against which the PLAINTIFF'S ADVOCATE/ APPLICANT may execute upon issuance of a Certificate of Taxation And Entry of Judgment herein except the SOLE TRACEABLE PROPERTIES as defined hereabove; 1. The PLAINTIFFS' ADVOCATE/ APPLICANT has not been remiss in seeking the payment of the Legal Fees due and owing and/or in getting Security therefor in so far as the PLAINTIFFS/ CLIENTS/ RESPONDENTS were, at all times in physical possession of the Suit Properties which are the subject of the ADVOCATE/ CLIENT BILL OF COSTS herein, though not registered as proprietors thereof UNTIL late 2022 when the Suit Properties, having been successfully surveyed and subdivided, were transferred to them; The PLAINTIFFS' ADVOCATE/ APPLICANT will only be able to secure payment from the PLAINTIFFS/ CLIENTS/ RESPONDENTS consequent upon the issuance herein and registration of a Prohibitory Order against the SOLE TRACEABLE PROPERTIES in the course of this and other related Taxation matters filed by the PLAINTIFFS' ADVOCATE/ APPLICANT; 1. The PLAINTIFFS' ADVOCATE/ APPLICANT is reliably informed the PLAINTIFFS/ CLIENTS/ RESPONDENTS are at advanced stages of disposing of the SOLE TRACEABLE PROPERTIES, and that the only obstacle so far has been the deflated Economic conditions following the 2022 General Elections; 2. If this Application is not heard urgently and Orders inter alia of Attachment Before Judgment issued, the PLAINTIFFS' ADVOCATE/ APPLICANT will be deprived of any property and/or assets belonging to the PLAINTIFFS/ CLIENTS/ RESPONDENTS against which to Execute any Judgment eventually entered herein in his favour; 3. Consequently, the ADVOCATE/ CLIENT BILL OF COSTS and the entire proceedings herein shall be rendered nugatory and the PLAINTIFFS' ADVOCATE/ APPLICANT left without any Remedy for the Wrong he has suffered. The application is further supported by the affidavit of Stephens Kithi Ngombo an advocate of the High Court of Kenya trading in the name and style of "Steve Kithi & Co., Advocates" at Mombasa And I am therefore duly competent to swear this Supporting Affidavit. That he was duly instructed by the Petitioners/ Clients/ Respondents to file this matter as a Constitutional Petition before this Honourable Court, and did prepare and file the same as Mombasa High Court Constitutional Petition Number 4 of 2013. THAT subsequent to filing the above said Petition, he appeared before the learned Justice Emukule, who directed that the matter be transferred to the Environment and land Court, where it was registered as ELC Suit Number: 166 of 2015. He prosecuted this suit until a Consent was negotiated between the PETITIONERS/ CLIENTS/ RESPONDENTS herein on the one hand, and the 1 ST TO 4TH RESPONDENTS/ DEFENDANTS on the other hand. THAT the above said Consent was thereafter adopted as a Judgment of this Honourable Court, causing the 1 ST TO 4TH RESPONDENTS/ DEFENDANTS to enter into the Five Hundred (500) acres Suit Property, to cause the same to be subdivided into One Thousand (1,000) parcels measuring in the aggregate 1/2 of an acre, And to allotting each of the subdivisions to the Petitioners/ Clients/ Respondents herein. That ever since the above process was concluded in the run up to the 2022 General Elections, the PETITIONERS/ CLIENTS/ RESPONDENTS have neither made any attempts to visit his Office, nor to contact him by written or oral communication, so as to reach an amicable settlement on the question of Advocate/ Client Fees due and payable. THAT in the ordinary course of practice, it came to his attention that, having been issued with Title Deeds in respect of the now subdivided Suit Property, members of the PETITIONERS/ CLIENTS/ RESPONDENTS were busy trying to sell off their respective parcel(s) of land on the open Market, and they continue to do so as at the date hereof. He procured a tentative Valuation Report in respect of the Suit Property, which having been assessed at Kenya Shillings Sixty Million (K.Shs.60,000,000/=) per Acre, the total current market value of the original 500 acres is Kenya Shillings Thirty Billion (K.Shs.30,000,000,00), on which sum the Client/Respondents shall be required to pay Advocate/ Client Fees upon conclusion of the ongoing Taxation. He is apprehensive that, unless the Order sought in the annexed Application are granted, the PETITIONERS/ CLIENTS/ RESPONDENTS will dispose of their respective subdivisions of the Suit Property before settling our Legal Fees, leaving no attachable or Traceable Assets to satisfy the Advocate/ Client Fees now due and owing. The application is not opposed. Attachment before judgment in Kenya is a rare, severe interim court order governed by Section 63 of the Civil Procedure Act (Cap 21) and Order 39 of the Civil Procedure Rules. It lets the court seize a defendant's property before a case ends, but only if the plaintiff proves the defendant is trying to hide or sell assets to stop justice. The core Legal Requirements are poof of intent to Defeat Justice. The plaintiff must show clear proof that the defendant wants to obstruct or delay a future court victory. Proof is needed that the defendant is about to remove property outside the court's local power. Because it is a harsh step, courts do not grant it easily and look for solid evidence. This court finds that the applicant has demonstrated that the respondents are disposing of the property and are likely to avoid settling the decree. I do grant an Order for attachment before judgment of all those parcels of land registered in the individual names of the PLAINTIFFS/ CLIENTS/ RESPONDENTS whose names appear in the Authority To Appear and Plead first filed together with the Petition/ Plaint herein dated the 23rd day of January, 2013, particulars whereof are as follows: 1. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1226, registered in the name of Peter Mweri; 2. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1297, registered in the name of Omar Salim; 3. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1045, registered in the name of Salim Chengo; 4. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1117, registered in the name of Omar Salim Nguma; 5. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1271, registered in the name of Lucy Kanze Chengo; 6. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1017, registered in the name of Japhet Lawrence Ndune; 7. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 224, registered in the name of Judith Rambaye; 8. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 227, registered in the name of Lawis Muthuku Muchai; 9. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 276, registered in the name of Lawis Muthuku Muchai (j) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1093, registered in the name of Lawis Muthuku Muchai (k) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1095, registered in the name of Lawis Muthuku Muchai (1) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1265, registered in the name of Moses K. Waweru; 1. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1064, Hussein Samuel Sheti; 2. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1037, Mariam Shabani; 3. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1123, Boniface Kepha Nyamawi Saga; 4. Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1245, Dahabu Hare Kahindi Ruwa; (bb) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 377, registered in the name of Elija Safari Chipa Mwangome; (cc) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 592, registered in the name of Rebecca Wambui Muthama; (dd) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 64, registered in the name of Moses Ringera Mwaura Njuguna; (ee) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1178, registered in the name of Samuel Nzaro Kungu; (ff) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1028, registered in the name of Samuel Kagech Kungu; (gg) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 577, registered in the name of Johnson Nzai Ruwa; (hh) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 56, registered in the name of Moses Kornbe Ruwa; (ii) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1193, registered in the name of Johnson Safari Ruwa; (jj) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 573, registered in the name of Lucy Achieng'; (kk) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 552, registered in the name of Dorcas Atieno Oduor; (ll) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 523, registered in the name of Salim A. Mohamed', Kilifi/ Mtwapa-Maweni Settlement Scheme/ 258, registered in the name of Cecilia Mukeira; (ee) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1039, registered in the name of Boniface Kazungu Karisa; (ff) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 525, registered in the name of David Mwambire; Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1240, registered in the name of D.M. Mwambire; (ff) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1204, registered in the name of Sammuel Mwangi Muraya; Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1139, registered in the name of Samuel Mwangi Kagechu, (jj) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 543, registered in the name of Omollo Kenned Seko, (kk) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 491, registered in the name of Caroline Achieng' George; (j) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1077, registered in the name of Teresia Wanjiru Makena; (kk) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 478, registered in the name of Jane Muche Ageng'o; (Il) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 499, registered in the name of Hassan Mbega; (oo) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1067, registered in the name of Hassan Masoud Somo; (pp) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 480, registered in the name of Margaret Luvuno Kombo; (00) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1221, registered in the name of Margaret Luvuno Kombo; (pp) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1222, registered in the name of Margaret Luvuno Kombo; Kilifi/ Mtwapa-Maweni Settlement Scheme/ 548, registered in the name of Benson Charo Kombe; (IT) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 57, registered in the name of Kazngu Unda Kombe; (SS) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 507, registered in the name of Khamis Kombe; (vv) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1106, registered in the name of Arthur Mwambui Mwamburi; (ww) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 38, registered in the name of Kazungu Ngala Chome; Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1039, registered in the name of Mwanajuma Khamisi Chome; (zz) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 598, registered in the name of Monica Kioko; (aaa) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 28, registered in the name of Monica Kithome; (bbb) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 463, registered in the name of William Chibule; (zz) William Chibule; (ccc) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 1310, registered in the name of Samuel Pekeshe Cheti; (ddd) Kilifi/ Mtwapa-Maweni Settlement Scheme/ 541, registered in the name of Abdalla Khassim; In conclusion i do award the costs of the application to the applicant. SIGNED BY/FOR: **★ TH E JUDICIAR Y O F KENY A ★** **HON. JUSTICE ANTONY O. OMBWAYO** Mombasa Environment and Land Court Environment and Land Court Date: 2026-07-24 12:52:35