[2023] KEELC 16214 (KLR)
The court found that the applicants had a valid judgment entitling them to possession of the suit property, Kilifi/Mtwapa/3414, and that the respondents remained in occupation without consent. The court was satisfied that the applicants had complied with the statutory requirements for eviction under the Land Law...
Source-derived case information.
- Citation
- [2023] KEELC 16214 (KLR)
- Parties
- Plaintiff: Edward Marenye Kuguru; Plaintiff: Lilian Mutheu Timothy; Defendant: Nyevu Kilango Charo; Defendant: Kavue Kilango aka Kavumbi Kilingo Charo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit 33 of 2016
- Procedural Posture
- Civil Suit / Ruling on Eviction Application Post Judgment
- Outcome
- Application for eviction allowed, subject to statutory procedure.
- Judges
- EK Makori
- Legal Topics
- Eviction Procedure, Land Ownership, Enforcement of Judgments
- 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
Edward Marenye Kuguru
Plaintiff
Lilian Mutheu Timothy
Plaintiff
Nyevu Kilango Charo
Defendant
Kavue Kilango aka Kavumbi Kilingo Charo
Defendant
Procedural Posture
Civil Suit / Ruling on Eviction Application Post Judgment
Legal Issues
- 1 Whether the applicants are entitled to eviction orders against the respondents based on the prior judgment.
- 2 Whether the statutory procedure for eviction under the Land Law Amendment Act, 2016 has been complied with.
Ratio Decidendi
The court found that the applicants had a valid judgment entitling them to possession of the suit property, Kilifi/Mtwapa/3414, and that the respondents remained in occupation without consent. The court was satisfied that the applicants had complied with the statutory requirements for eviction under the Land Law Amendment Act, 2016, including proper service of notice. The court held that eviction should proceed, but only in strict adherence to the procedural safeguards and timelines set out in the statute, including a 90-day notice period and humane execution of the order. The court emphasized the need for respect for human dignity and protection of vulnerable groups during the eviction...
Court Disposition
Application for eviction allowed, subject to statutory procedure.
Orders
- Order for eviction to be extracted and served on the respondents.
- Respondents granted 90 days from the date of the ruling to voluntarily vacate the property.
Full Case Text
Judgment text and source record
26 paragraphs
Kuguru & another v Charo & another (Environment and Land Case Civil Suit 33 of 2016) [2023] KEELC 16214 (KLR) (8 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16214 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment and Land Case Civil Suit 33 of 2016
EK Makori, J
March 8, 2023
Between
Edward Marenye Kuguru
1st Plaintiff
Lilian Mutheu Timothy
2nd Plaintiff
and
Nyevu Kilango Charo
1st Defendant
Kavue Kilango aka Kavumbi Kilingo Charo
2nd Defendant
Ruling
1. Notice of Motion dated October 24, 2022 seeks the eviction of the Respondent herein.
2. This arises from the Judgment of this Court (Hon. Olola J) dated March 28, 2019 in which the Court declared that the Applicant herein acquired a legal and/or beneficial interest in all that land known as Kilifi/Mtwapa/3414 and any subdivision emanating therefrom.
3. The application was served. There is a return of service dated February 14, 2023. I am satisfied with the service.
4. The procedure for eviction is as provided in Section 152(G) of the Land Law Amendment Act, 2016 which is coached in mandatory terms:i.Proper identification of those taking part in the eviction or demolition.ii.Preceded by the presentation of the formal authorization for action.iii.Where a group of people are involved government officials or their representatives to be present during the eviction.iv.To be carried out in a manner that respects human dignity, right to life and security of those affected.v.Special measures to be undertaken to protect vulnerable groups like children, the elderly and persons with disability.vi.Measures to ensure no depravation of property or possession as a result of the eviction.vii.Mechanisms to protect property and possessions left behind involuntarily from destruction.viii.Respect the principles of necessity and proportionality during use of force.ix.Affected persons be granted priority to demolish and salvage their property.
5. Pursuant to Section 152(E) of the Land Law Amendment Act, 2016;“The owner or the person in charge is of the opinion that a person is in occupation of his or her land without consent the owner or the person in charge may serve on that person a notice of not less than three months before the date of the intended eviction.”
6. In this particular matter there are orders and decree emanating from the decision of this court (Hon. Olola J) which requires implementation.
7. The eviction will be allowed but to be carried out in the manner provided in both Section 152(E) and 152(F) of the Land Law Amendment Act 2016 that is: -i.This Order for eviction be extracted and served on the Respondents.ii.90 days notice be granted from today for the Respondent to voluntarily vacate.iii.Failure forcible eviction to be undertaken as provided in Section 152(f) of the Land Law Amendment Act, 2016. iv.Service of this eviction orders be undertaken by the Court Bailiff who shall file an appropriate return within 14 days hereof.v.Costs to the Applicant.Orders accordingly.
DATED, SIGNED, AND DELIVERED AT MALINDI VIRTUALLY IN OPEN COURT ON THIS 8TH DAY OF MARCH 2023. E. K. MAKORIJudgeIn the Presence of: -M/s Kedeki for the ApplicantCourt Clerk: HappyIn the Absence ofRespondents.