On Saturday, Deputy President Rigathi Gachagua directed all Police commanders to liaise with the county security and intelligence committee before executing any orders of eviction.

The directive however placed him on a collision path with the players in the legal sector who termed the directive illegal and unconstitutional as it goes against the principle of separation of powers.

But for a common mwananchi who is ignorant of the court process, the standoff leaves them more confused.

However, to understand the subject, one will need to understand what an eviction order is.

According to law insider online dictionary, an eviction order means any order entered in an eviction case that directs or authorizes the removal of a resident from residential premises.

To implement this order, the court usually appoints an auctioneer to act as its agent.

For orders of eviction and demolition, the court may further order the Police to provide security to the auctioneer as they execute the order.

This, according to lawyer Aston Muchella, is done to avoid any possible injury to persons or even death.

Mr Muchella who is the Rift Valley Law Society of Kenya President pointed out that the orders given are final and cannot be subjected to scrutiny or approval by any other body unless it is appealed by a superior court or if stayed by another court.

According to him, a court is the final negotiator and any alteration of its decision by bodies other than the court is serious interference with the judicial independence.

“No security committee can vary an eviction order once it is issued by the court. The only deliberation that can be done is how to ensure the execution is done with minimal damage to property or human life,” said Mr Muchella

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Explainer: How should an eviction order be implemented?

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Joseph Openda