Wadawe v Newa (Environment & Land Case 716 of 2015) [2025] KEELC 5002 (KLR)
The bottom line
#A Kenyan landowner with an existing eviction order can execute it directly with police security and a survey report, without returning to court for fresh directions.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Notice of Motion dated 5th March 2025 should be allowed despite being opposed as defective and an abuse of process
- 2.How the decree of 24th October 2017 should be executed given the existing eviction order and survey report
Key legal issues
#Execution of the eviction decree in land parcel Kemnwa Keyo/ogoro/499
The plaintiff may execute the existing eviction order with police security; no fresh order was necessary
The court noted the 2017 judgment ordered eviction and a permanent injunction; a similar application was allowed in 2022; another was pending; and a survey report of 28th May 2024 ascertained the encroachment. Given these existing orders and the survey, the proper course was execution of the decree by the court bailiff in accordance with section 152G of the Land Act, with the OCS providing security.
Legal principles established
#- Where a decree for eviction exists together with a survey report ascertaining the encroachment, the decree holder should execute the existing eviction order rather than seek fresh directions from the court
- An eviction conducted in execution of a decree must comply with section 152G of the Land Act and be guided by the ascertainment survey
Court orders
#- 1.The plaintiff to proceed to have the existing eviction order executed, the court bailiff to be guided by the survey report dated 28th May 2024 and section 152G of the Land Act
- 2.The OCS Pap Onditi police station to provide necessary security during the eviction exercise
- 3.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Court's inherent supervisory powers over execution of its own decree (not expressly stated in the ruling)
Relief refused
#Specific direction in the terms sought in the Notice of Motion dated 5th March 2025
The court found that an eviction order and security order already existed and the plaintiff should simply execute the decree rather than obtain fresh directions
Costs
No order as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The OCS Pap Onditi police station to provide the necessary security during the eviction exercise. No order as to costs.
The court bailifi who will be conducting the eviction to be guided by the survey report dated 28th May 2024 filed in court by the Sub-County Land Surveyor Nyando and the provisions of section 152G of the Land Act.
Issues in the judgment
#The case number and full names of the plaintiff do not appear in the ruling text
The ruling records a prior similar application dated 15th September 2022 as still pending, yet grants effectively similar relief
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wadawe v Newa (Environment & Land Case 716 of 2015) [2025] KEELC 5002 (KLR)", Case Analysis (2025). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5002/eng@2025-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.