What is a Writ of Possession in Kenya and When Is It Used?
A writ of possession is a court order that directs the court bailiff to take possession of land or property on behalf of the registered owner or the person entitled to possession, and to evict the person currently in occupation.
It is the final step in an eviction process that has gone through the courts.
When a Writ of Possession Is Issued
A writ of possession follows a court judgment or order that:
Finds that the person in occupation has no right to be there. Orders them to deliver up possession. Is not complied with voluntarily.
Common situations leading to a writ:
After a successful ELC case for eviction of a squatter or trespasser.
After a successful mortgage enforcement judgment — when the court confirms the lender's right to possess and sell the property.
After an ejectment judgment — when the court determines the current occupier has no legal right to the property.
After a succession case determination — when the court determines who is entitled to the property and the current occupier must leave.
The Writ Process
Once a judgment or order for possession is obtained:
Apply for the writ. The party entitled to possession applies to the court for a writ of possession. This involves filing an application with the court that issued the underlying order.
The court issues the writ. The writ directs the court bailiff (or in some cases the police, if needed) to take possession.
Service on the occupier. The writ must be served on the person in occupation, giving them notice.
Execution. The court bailiff executes the writ — physically going to the property and requiring the occupier to leave. If they refuse, the bailiff has authority to enforce.
Rights of the Person Being Evicted
A few days' notice. The person in occupation typically has some notice before the writ is executed. The specific notice period depends on the circumstances.
Application to set aside the writ. If the writ was obtained through fraud or without proper notice, the occupier can apply to set it aside.
Application to stay execution. If execution would cause exceptional hardship, the occupier can apply to the court to stay (pause) the execution while they seek alternative remedies.
Appeal of the underlying judgment. If the occupier believes the underlying court judgment was wrong, they can appeal. An appeal may operate as an automatic stay of execution, or a specific stay may need to be applied for.
Practical Implications for Property Buyers
For buyers of property through enforcement or auction:
A court-issued writ of possession may be required to physically take possession if the previous owner or occupier refuses to vacate.
The writ is not automatic — you need to apply for it after the sale is confirmed.
Build the potential need for a writ into your timeline and cost expectations.
For landowners facing eviction:
If you receive notice of a writ of possession, seek legal advice immediately. You may have grounds to challenge the execution or negotiate an orderly departure.
This article is for general information only. It does not constitute legal advice. For advice on writs of possession, consult a qualified Kenya advocate.
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