Samuel Kahiu Namiyok & 18 others v Betting & Control Lincesing Board & 7 others
The bottom line
#Kenya's Court of Appeal ruled you cannot get an injunction to block a court decision that already went in your favour.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants satisfied the twin principles under Rule 5(2)(b)
The application failed on both limbs: the appeal was not shown to be arguable and was not shown to be rendered nugatory absent stay.
The court applied the Kinyanjui v Ketter criteria, noting that an applicant must satisfy the court on both twin principles and that a single bona fide arguable ground suffices. Here, the judgment sought to be stayed — a declaration that the respondents' actions violated the applicants' rights under Articles 40, 47 and 50, with no order as to costs — was entirely favourable to the applicants. Consequently, no arguable appeal was demonstrated, and no relief could issue to restrain a decision in the applicants' favour.
Legal principles established
#- An applicant under Rule 5(2)(b) must satisfy both twin principles — an arguable appeal and that it will be rendered nugatory absent stay.
- A party cannot obtain an injunction against a judgment or decision that is in that party's own favour.
Court orders
#- 1.The Notice of Motion dated 25th September 2019 was dismissed with costs
- On appeal from
- High Court of Kenya at Nairobi
- Nairobi Constitutional Petition No. 447 of 2016
- Jurisdiction invoked
- Rule 5(2)(b) and Rule 42 of the Court of Appeal Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Kahiu Namiyok & 18 others v Betting & Control Lincesing Board & 7 others", Case Analysis (2021). Court of Appeal, Nairobi — Civil Application (Notice of Motion dated 25th September 2019) in Nairobi Petition No. 447 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/39/eng@2021-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.