[2018] KEHC 9400 (KLR)
The court found that the applicant had demonstrated sufficient grounds for police assistance in executing the eviction order, as the 1st defendant had refused to vacate the premises and posed a danger to the bailiff. The court was satisfied that authorizing the Officer Commanding Station, Kamukunji Police Station,...
Source-derived case information.
- Citation
- [2018] KEHC 9400 (KLR)
- Parties
- Applicant: Kangeri Wanjohi T/A Kindest Auctioneers; Plaintiff: George Mwai Mburu; Defendant: Mary Wamaitha Kaiittany; Defendant: Nairobi City Council
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 687 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Motion for Police Assistance in Eviction
- Outcome
- application allowed
- Judges
- JK Sergon
- Legal Topics
- Eviction Procedure, Execution of Decree, Police Assistance in Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kangeri Wanjohi T/A Kindest Auctioneers
Applicant
George Mwai Mburu
Plaintiff
Mary Wamaitha Kaiittany
Defendant
Nairobi City Council
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Motion for Police Assistance in Eviction
Legal Issues
- 1 Whether the applicant is entitled to police assistance to execute an eviction order against the defendants.
- 2 Whether the court should authorize the Officer Commanding Station to supervise the eviction process.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for police assistance in executing the eviction order, as the 1st defendant had refused to vacate the premises and posed a danger to the bailiff. The court was satisfied that authorizing the Officer Commanding Station, Kamukunji Police Station, to assist and supervise the eviction was necessary to ensure the safe and effective execution of the decree and maintenance of law and order. The application was therefore allowed as prayed.
Court Disposition
application allowed
Orders
- The Officer Commanding Station or Officer in Charge Station, Kamukunji Police Station, is authorized to assist the applicant and agents to carry out eviction of the 1st and 2nd defendants from Plot B1 and B2 Gikomba Light Industrial Area, Kombo Munyiri Road, Nairobi, and put the premises in possession of the plaintiff.
- The Officer Commanding Kamukunji Police Station shall supervise the eviction process to maintain law and order.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CIVIL SUIT NUMBER 687 OF 2002
AND
THE AUCTIONEERS ACT NUMBER 5 OF 1996 AND THE AUCTIONEERS RULES 1997 (A-C)
KANGERI WANJOHI
T/A KINDEST AUCTIONEERS... AUCTIONEER/APPLICANT
GEORGE MWAI MBURU............................................PLAINTIFF
VERSUS
MARY WAMAITHA KAIITTANY................... 1ST DEFENDANT
NAIROBI CITY COUNCIL...............................2ND DEFENDANT
R U L I N G
Kangeri Wanjohi T/A Kindest Auctioneers, took out the motion dated 16th July, 2018 in which he sought for the following orders: -
a. That this honourable court be pleased to authorize the Officer Commanding Station or the Officer in Charge Station, Kamukunji Police Station, to assist me and my agents to carry out eviction on the property occupied by the 1st and 2nd Defendants at the parcel known as Plot B1 and B2 Gikomba Light Industrial Area, Kombo Munyiri Road, Nairobi to be able to put the premises in possession of the Plaintiff, George Mwai Mburu.
b. That the Officer Commanding Kamukunji Police Station do hereby supervise the exercise for the purpose of maintaining law and Order during the eviction process.
c. That the cost of this application be borne by the Defendant in any event.
The motion is supported by the affidavit of Kangeri Wanjohi.
I have considered the grounds stated on the face of the motion and the facts deponed in the supporting affidavit plus the brief oral submissions by the Applicant. The application is ex-parte in nature. The Applicant is basically seeking for police assistance to carry out the execution of the decree/order by way of eviction. In the supporting affidavit, the Applicant avers that the 1st Defendant who is in occupation of the parcel of land known as Plot B1 and B2 Gikomba Light Industrial Area, Kimbo Munyiri Road, Nairobihave refused to vacate and have made it impossible and dangerous for the court bailiff to forcefully evict them. The Auctioneer is before this court seeking for police back up. I am convinced that the Applicant is entitled to the order.
Consequently, the motion is allowed as prayed.
Dated, signed and delivered at Nairobi this 19th day of July, 2018.
.......................................
J K SERGON
JUDGE
In the presence of
............................... for the Applicant
........................... for the Respondents