Wakhusama v Obwayi & 2 others (Environment and Land Appeal 011 of 2023) [2025] KEELC 8257 (KLR)

she is yet to be supplied with the same. That her advocate has never been served with a decree and that in the absence of a decree there is no formal legally recognized judgment. That the decree of the lower court was not extracted hence the appeal herein is superfiuous and a nullity ab initio. 4. Parties filed written submissions in support of their arguments. On record are submissions filed by the applicant dated 26th September 2025 and the submissions filed by the respondents dated 9th October 2025; both of which the court has duly considered. 5. Having considered the application, response thereto and parties’ rival submissions, the only issue that arise for the court’s determination is whether the applicant deserves the orders sought. 6. In the judgment delivered herein on 22nd May 2025, the court ordered the 1st respondent to vacate the suit property in 90 days and in default eviction to issue. That judgment has not been stayed, reviewed, varied and or set aside. The 1st respondent has not denied the applicant’s assertion that she has failed to vacate the suit property as ordered. Therefore, the application herein is intended to implement the judgment. The 1st respondent’s argument that the appeal herein is a nullity is misplaced as the appeal was already determined. This court has inherent powers under section 3A of the Civil Procedure Act to make orders for the ends of justice to be met. In this case, it is clear that the 1st respondent has not complied with the judgment. It is therefore imperative that she is evicted. In the premises I am satisfied that the applicant deserves the orders sought and the court hereby allows the application dated 3rd September 2025 in the following terms; 7. a. An eviction order is hereby issued evicting the 1st respondent from land parcel No. Marama/ Lunza/3566 as ordered in the decree. b. The OCS Butere Police Station is hereby authorized to provide security and supervise the process of eviction of the 1st respondent from parcel No. Marama/Lunza/3566. c. The appellant shall have the costs of the application herein. It is so ordered DATED, SIGNED AND DELIVERED AT KAKAMEGA IN OPEN COURT/VIRTUALLY THROUGH MICROSOFT TEAMS VIDEO CONFERENCING PLATFORM THIS 24TH DAY OF NOVEMBER, 2025 A. NYUKURI JUDGE In the presence of; The appellant in person Mr. Odhiambo for the respondent Court Assistant: Delphine https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8257/eng@2025-11-24 2

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