Mogusu v Mbogo & another (Environment and Land Case 99 of 2020) [2026] KEELC 3335 (KLR)
The bottom line
#A Nairobi court ordered the eviction of a judgment debtor who refused to vacate land, with police directed to enforce the order and the debtor paying all 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 an eviction order should issue against the 1st Judgement Debtor, pursuant to judgement entered herein on 6th July 2023 and a subsequent decree issued
Key legal issues
#Whether an eviction order should issue in execution of a decree
Yes. There was a favourable judgment and decree, the 1st Judgement Debtor had declined to vacate, and no stay of execution was in place; the application was unopposed.
Section 38 of the Civil Procedure Act empowers the court, on the application of a decree-holder, to order execution by delivery of property specifically decreed. Execution is a lawful process for realising the benefits of a judgment, and the court's duty at the execution stage is to ensure the successful litigant enjoys the fruits of the judgment. Since the debtor refused to vacate despite the judgment of 6 July 2023 and no stay existed, the court associated itself with the cited decisions and granted the eviction orders sought.
Whether police assistance should be directed in the execution
Yes, the Officer Commanding Riruta or Dagoretti Police Station was directed to enforce the order and provide security.
The court held that where resistance is likely during execution, it has discretion to order police assistance to ensure orderly enforcement. Given the Judgment Creditor's averment that the debtor continues to occupy the property despite the eviction orders, the court directed the OCS Riruta or Dagoretti Police Station to enforce the order and provide security during implementation.
Legal principles established
#- A decree-holder is entitled to execute a decree through delivery of possession and removal of persons unlawfully occupying the property.
- Where there is a likelihood of resistance during execution, the court has discretion to order police assistance to ensure orderly enforcement of court orders.
Court orders
#- 1.An order of eviction issued against the 1st Judgement Debtor/Respondent, her agents and/or anybody claiming through her from land parcel LR No. Dagoretti/Riruta/S.954, in execution of the court's decree dated 6th July 2023
- 2.The Officer Commanding Riruta or Dagoretti Police Station directed to enforce the order and provide security in the implementation of the eviction order
- 3.Costs of the application and execution of the decree to be borne by the Judgement Debtors/Respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 38 of the Civil Procedure Act (execution of decrees)
Relief refused
#Prayer (a) - spent, and the order permitting police to use reasonable force in the event of resistance (prayer (d))
The court allowed the application 'in the following terms' limited to eviction, police enforcement/security and costs; no express order on use of reasonable force was issued.
Costs
The costs of this application and execution of the decree to be borne by the Judgement Debtors/Respondents.
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.
Under Section 38 of the Civil Procedure Act, a decree-holder is entitled to execute a decree through delivery of possession and removal of persons unlawfully occupying the property.
Execution is a lawful process aimed at realizing the benefits of a judgment already obtained. The court's duty at the execution stage is to ensure that a successful litigant enjoys the fruits of his judgment.
That an order of eviction be and is hereby issued against the 1st Judgement Debtor/ Respondent, her agents and /or anybody claiming through her from land parcel LR No. Dagoretti/Riruta/S.954, in execution of the court’s decree dated 6th July,2023.
The Oficer Commanding Riruta or Dagoretti Police Station is hereby directed to enforce this order and provide security in the implementation of the eviction order.
Issues in the judgment
#The coram lists counsel for the 1st and 2nd Respondents, but the judgment records the application as unopposed and identifies only the 1st Judgement Debtor/Respondent against whom orders issued; the 2nd Respondent is not otherwise addressed.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mogusu v Mbogo & another (Environment and Land Case 99 of 2020) [2026] KEELC 3335 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3335/eng@2026-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.