https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/176

https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/176

The court found that while there was evidence suggesting awareness of the distress proceedings by at least some tenants, it was not satisfied that all affected tenants were afforded a meaningful opportunity to participate before the police-assisted distress orders were issued. Given the seriousness of the orders and...

Source-derived case information.

Citation
[2026] KEMC 176 (KLR)
Parties
Applicant: Urbanus K. Musyoki t/a Alfajiri Auctioneers; 1st Respondent: Richard Simiyu; 2nd Respondent: Mannasses Nderitu & 68 others
Court
Magistrate's Court
Jurisdiction
Kenya
Case Number
Miscellaneous Case E495 of 2025
Procedural Posture
Miscellaneous Case; Ruling on Motion to Set Aside Ex Parte Orders / Post Ruling/inter Partes Directions on Application Dated 27 March 2026
Outcome
Partially allowed
Judges
["EM Mwamuye"]
Legal Topics
Setting Aside Ex Parte Orders, Service by Affixing, Police Assisted Distress for Rent, Right to Be Heard, Inter Partes Hearing, Status Quo Pending Determination
Source Language
en
Civil Procedure Landlord Tenant Law Execution/distress for Rent Constitutional Law Setting Aside Ex Parte Orders Service by Affixing Police Assisted Distress for Rent Right to Be Heard +2 more

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Parties

Urbanus K. Musyoki t/a Alfajiri Auctioneers

Applicant

Richard Simiyu

1st Respondent

Mannasses Nderitu & 68 others

2nd Respondent

Procedural Posture

Miscellaneous Case; Ruling on Motion to Set Aside Ex Parte Orders / Post Ruling/inter Partes Directions on Application Dated 27 March 2026

Legal Issues

  1. 1 Whether the respondents 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 procedural orders should issue pending determination

Ratio Decidendi

The court found that while there was evidence suggesting awareness of the distress proceedings by at least some tenants, it was not satisfied that all affected tenants were afforded a meaningful opportunity to participate before the police-assisted distress orders were issued. Given the seriousness of the orders and the need to hear the parties inter partes, the court partially allowed the motion, kept the impugned orders set aside pending hearing, and preserved the status quo so the underlying disputes could be determined on merits.

Court Disposition

Partially allowed

Orders

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