Kenya Power & Lighting Company Ltd v Eunice Nkirote Ringera
The bottom line
#The Court of Appeal paused Kenya Power from paying a Kshs. 14 million judgment until its appeal is heard, on condition it deposits half the money.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal is arguable
The intended appeal is arguable; the contention that the award of compensatory and general damages breached the principle of stare decisis merits consideration at a full hearing.
The court examined the memorandum of appeal and identified the challenge to the award of compensatory and general damages as a serious question. The applicant contended the award breached stare decisis while the respondent defended the award on the basis of trespass. The court held such contestation can only be resolved at a full hearing, so the grounds were not frivolous.
Whether the appeal would be rendered nugatory if stay is not granted
Stay was warranted because the decretal sum of over Kshs. 14,000,000/- is colossal; payment might not be recoverable on success and could paralyze the applicant's public-service operations.
The court held that nugatory-impact factors are case-specific and require weighing the conflicting claims of both sides. The decretal sum exceeding Kshs. 14,000,000/- was a colossal sum; the respondent's ability to refund was doubted, and payment could negatively impact the applicant's electricity supply operations. The applicant also offered security.
Legal principles established
#- The jurisdiction of the Court of Appeal under Rule 5(2)(b) is original, independent and discretionary, and must be exercised judiciously and with reason.
- An applicant for stay under Rule 5(2)(b) must demonstrate an arguable appeal that is not frivolous and, in addition, that the appeal if successful would be rendered nugatory absent a stay.
- A single arguable ground of appeal suffices; arguability does not require that the appeal must succeed.
Court orders
#- 1.Stay of execution of the judgment and decree of the Environment & Land Court dated 27th July 2020 granted on condition that the applicant deposits half of the decretal sum in a joint interest earning account in the names of advocates for the parties within 30 days from the date of the ruling
- 2.Costs to abide the outcome of the intended appeal
- On appeal from
- Environment & Land Court at Kajiado
- ELC Cause No. 869 of 2017
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules; Order 42 Rule 6(4) and Order 51 Rule 1 of the Civil Procedure Rules; Section 3A of the Appellate Jurisdiction Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (3)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Macharia & another v Opara (Environment and Land Case 6 of 2019) [2025] KEELC 6112 (KLR)[2025] KEELC 6112 (KLR)17 Sept 2025applied
- Claassen v Commissioner of Lands & 6 others (Environment and Land Petition 7 of 2015) [2025] KEELC 5287 (KLR)[2025] KEELC 5287 (KLR)9 Jul 2025
- APEC Holdings Limited v Kenya Railways Corporation (Environment & Land Case 16(E012) of 2021) [2025] KEELC 4653 (KLR)[2025] KEELC 4653 (KLR)18 Jun 2025
Cite this brief
#Cite this brief
Caselaw, "Kenya Power & Lighting Company Ltd v Eunice Nkirote Ringera", Case Analysis (2020). Civil Appeal (Application) No. E247 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/54/eng@2020-12-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.