Mberia v Rimberia & another (Environment and Land Case 306 of 2017) [2026] KEELC 383 (KLR)
The bottom line
#A Chuka court allowed an unopposed application to enforce a Court of Appeal land decree, and the losing party must pay the legal costs.
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 application dated 22/1/2026 should be allowed in the absence of opposition
Key legal issues
#Whether the application dated 22/1/2026 ought to be allowed
Allowed in terms of prayer (b), the court being satisfied that the enforcement of the decree remains live
The court observed that the matter had gone to the Court of Appeal and that what was being enforced was a decree issued by the Court of Appeal. Prayers (a) and (c) were noted as spent, and with no opposition filed, the court allowed the application to the extent of prayer (b) and awarded costs of the application to the plaintiff against the defendant.
Legal principles established
#- An unopposed application may be allowed on the terms sought where the relief sought remains live
Court orders
#- 1.Application dated 22/1/2026 allowed in terms of prayer (b)
- 2.Costs of the application to be borne by the defendant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal
- Jurisdiction invoked
- Not stated; ex tempore enforcement ruling in the Environment and Land Court
Relief refused
#Prayers (a) and (c) of the application
Spent at this point
Costs
The defendant shall bear costs of the application
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.
This matter went up to the Court of Appeal. What is being enforced is a decree that was issued by the Court of Appeal.
In the absence of any opposition, the application dated 22/1/2026 is allowed in terms of prayer (b). The defendant shall bear costs of the application.
Issues in the judgment
#Prayers (a) and (c) of the application are described as spent, yet the application is simultaneously recorded as allowed; the dispositive relief is only prayer (b), whose content is not reproduced in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mberia v Rimberia & another (Environment and Land Case 306 of 2017) [2026] KEELC 383 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/383/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.