Narok County Government v Governors Baloon Safaris Limited & another
The bottom line
#Kenya's Court of Appeal paused a Kshs 20 million security deposit against Narok County, finding its claim to government exemption worth hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the assertion that a county government is 'Government' exempt from security under Order 42 Rule 8 CPR is an arguable ground
Yes - the court found the applicant's contention that it is a Government under the Government Proceedings Act and thus exempt from furnishing security to be arguable, without deciding it.
The court applied the settled Rule 5(2)(b) test. It held that the applicant's assertion, founded on Articles 6(2) and 176 of the Constitution and the Government Proceedings Act, raised a bona fide point worthy of decision by the full Court, and therefore declined to delve into the merits at the interlocutory stage.
Nugatory value of the intended appeal
The appeal would be rendered nugatory if stay is not granted, because the applicant would lose the benefit of the conditional order.
The High Court had conditioned the extension of time and stay on depositing the taxed costs, failing which the beneficial orders would lapse. Without a stay, the applicant would lose those orders and the appeal on the very issue would be of no effect, while the respondents would suffer no comparable prejudice.
Legal principles established
#- An applicant under Rule 5(2)(b) must demonstrate an arguable appeal and that the appeal would be rendered nugatory if the orders sought are not granted.
- Where both limbs of the Rule 5(2)(b) test are satisfied, the application succeeds and stay extends to the hearing and determination of the appeal.
Court orders
#- 1.Stay of execution of part of the High Court ruling of 29 May 2020 requiring deposit of Kshs. 20,165,806.00 as security, pending the hearing and determination of the appeal
- 2.Costs of the motion to be in the appeal
- On appeal from
- High Court of Kenya at Nairobi
- HCCC No. 461 of 2008
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules; notice of appeal against the High Court ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Narok County Government v Governors Baloon Safaris Limited & another", Case Analysis (2022). Civil Application 161 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1085/eng@2022-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.