Post-judgment application to enforce the judgment of the trial court (ruling on striking out)
The bottom line
#The Environment and Land Court in Meru struck out an attempt to enforce a 2012 trial court judgment, confirming that decrees must be enforced in the trial court that issued them.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this court can entertain a post-judgment application seeking enforcement of the trial court's judgment of 6/6/2012
- 2.If enforceable, in which forum the judgment/decree should be enforced
Key legal issues
#Whether the post-judgment application seeking enforcement of the trial court's judgment is properly before the ELC
It is not; the application was struck out
The court noted it had earlier exercised appellate jurisdiction and dismissed the appeal by judgment of Cherono J on 14/11/2018, issuing no positive order. With no decree capable of enforcement before this court, and the proper forum for enforcement being the trial court (Nkubu SPMC Civil Case No 16 of 2010), the application dated 1/12/2025 was misconceived and was struck out with no order as to costs.
Legal principles established
#- A court that has dismissed an appeal with no positive order cannot be moved to enforce a decree; enforcement of a trial court decree lies in the trial court itself
Court orders
#- 1.The application dated 1/12/2025 is struck out
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Nkubu SPMC
- Civil Case No 16 of 2010
- Jurisdiction invoked
- Appellate jurisdiction previously exercised in the matter (judgment of Cherono J dated 14/11/2018); no specific constitutional or statutory provision cited
Relief refused
#Enforcement of the judgment of the trial court dated 6/6/2012
The court dismissed the appeal in 2018 with no positive order, and any enforcement must be pursued in the trial court, not this court
Costs
No order as to costs (application struck out with 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.
It is a post-judgment plea seeking orders enforcing the judgment of the trial court, dated 6/6/2012.
This court rejected and dismissed the appellant’s appeal, for lack of merit. No positive order was issued by this court in the said judgment.
Even if a positive order/decree existed in the judgment, the proper platform on which to enforce the order/decree is Nkubu SPMC Civil Case No 16 of 2010.
For the above reason, the application dated 1/12/2025 is struck out with no order as to costs.
Issues in the judgment
#The case number of the matter before the ELC is not stated on the record; the application is identified only by its date (1/12/2025)
The judgment is dated and delivered 10th February 2026, which post-dates the application date of 1/12/2025; dates appear internally consistent but the year 2026 is noted as unusual
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Post-judgment application to enforce the judgment of the trial court (ruling on striking out)", Case Analysis (2026). Not stated on the record (application dated 1/12/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/657/eng@2026-02-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.