The Environment and Land Court in Kwale has blocked the arrest and jailing of occupants of a disputed Diani Beach property, citing a failure by the applicant to issue a mandatory statutory notice. The ruling highlighted a critical procedural misstep in executing a previous court order for eviction.

• The court found that the decree holder failed to issue a Notice to Show Cause, as required under Order 22 of the Civil Procedure Rules, before seeking arrest.
• The dispute involves a Diani Beach property where occupants had previously been ordered to vacate after a judgment in favour of another party.
• The judge emphasized that execution must follow the law step-by-step, declaring the application for arrest and committal procedurally defective and unlawful.