https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3380

Kimani v Kimata (Enviromental and Land Originating Summons 15 of 2021) [2026] KEELC 3380 (KLR) (4 June 2026) (Ruling) Neutral citation: [2026] KEELC 3380 (KLR) Republic of Kenya In the Environment and Land Court at Nakuru Enviromental and Land Originating Summons 15 of 2021 LC Komingoi, J June 4, 2026 Between James Ngigi Kimani Plaintiff and Peter Wachira Kimata Defendant Ruling 1.The ruling is in respect of the Notice of Motion dated 15th February 2026 brought under Section 3A, 3B and 63 of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules. 2.It seeks orders:-1.Spent2.Spent3.That the honorable court be pleased to review, vary or set aside its orders issued on 28th March, 2025.4.That the honorable court be pleased to issue an Eviction order against the Plaintiff his servants, agents and/or any other persons whatsoever in occupation of the property known as Title No. Dundori/Mugwathi Block 2/3208.5.That the Office Commanding Station (OCS) of Lanet Police Station or the officer in charge of the nearest Police Station do oversee the enforcement of the eviction order.6.That the plaintiff be ordered to pay the costs of the eviction exercise that may be incurred by the defendant/Decree holder.7.That in alternative to prayer 4,5, & 6 that pending hearing and determination of the appeal the honorable court be pleased to issue temporary injunction restraining the plaintiff/respondent from further construction of any structure or dropping new building material on land parcel No. Dundori/Mugwathi Block 2/3208. 3.The grounds are on the face of the Application and are set out in paragraphs a to g. 4.The Application is supported by the affidavit of Peter Wachira Kimata, the Defendant/Applicant herein, sworn on the 15th February 2026. 5.The application is opposed. There is a Replying Affidavit sworn by James Ngigi Kimani, the Plaintiff/Respondent on 30th April 2026. 6.The Defendant/applicant is intimated to the court that he would not be filing any written submission. The Plaintiff/Respondent sought 14 days to file written submissions. By the time of writing this ruling he had not filed any. 7.It is the Defendant/Applicant’s case that vide the ruling dated 28th March 2025 this Honorable Court granted order of stay of execution pending appeal on condition that the Plaintiff deposits a security of Kshs200,000/= in an interest earning account to be opened in the joint names of the two firms of Advocates, representing the parties in a reputable bank. 8.It is his case that the Plaintiff/Respondent has failed to comply with the said condition despite several reminders. 9.I have gone through the Replying Affidavit of the Plaintiff/Respondent and note that he only states that there is an appeal pending in the Court of Appeal. He has not explained what steps he has taken to comply with the ruling of 28th March 2025. 10.I find that the pendency of the Appeal in the Court of Appeal does not earn him automatic stay of execution. 11.It is more than one year since, the ruling of 28th March 2025. He has not complied with the conditions. 12.Court Orders are not made in vain. 13.The upshot of the matter is that I find merit in the application and grant the orders sought namely:-a.That an eviction order is hereby issued against the Plaintiff his servant’s agents and or any other persons in occupation of the property known as Dundori/Mugwathi /Block2/3208b.That the Office Commanding Station, Lanet Police Station do ensure that the exercise is peaceful.c.That the Plaintiff do bear the costs that may be borne by the Defendant/ Decree holder.d.That costs of the Application be in the cause. RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 4TH DAY OF JUNE 2026.L KOMINGOIJUDGEIn presence of :-Ms. Karungu for the Plaintiff/RespondentMr. Njoroge for the Defendant/applicantCourt Assistant: Derrick/Irene