Kamau v Agricultural Finance Corporation & 3 others (Civil Application E067 of 2022) [2025] KECA 574 (KLR)
The bottom line
#The Court of Appeal stopped the eviction of a widow from her land, finding her claim that charge documents were signed after her husband's death was worth a full appeal hearing.
What this practically means
#Executive summary
#Key legal issues
#Test for stay of execution, injunction or stay of proceedings under Rule 5(2)(b)
The applicant must show that the appeal or intended appeal is arguable, and that unless stay is granted the appeal, if successful, will be rendered nugatory; both limbs must be satisfied.
The Court adopted the settled test in Trust Bank Limited v Investech Bank Limited: the jurisdiction under Rule 5(2)(b) is original and discretionary, guided by the interests of justice. An arguable appeal need not succeed, only be deserving of full argument, and the court must not make definitive findings of fact or law at that stage. The nugatory limb turns on irreversibility and adequacy of damages.
Arguability of the intended appeal
The allegation that the charge documents were signed after the death of the purported signatory raises a bona fide arguable ground.
The applicant alleged that the certificate of acceptance dated 4th July 2007 and the letter of guarantee and indemnity dated 3rd July 2007 were executed by her deceased husband, yet he had died on 2nd June 2007. The Court held that a single bona fide arguable ground suffices and that it must not make definitive findings lest it embarrass the bench hearing the main appeal.
Nugatory nature of the appeal
Imminent eviction of the applicant and her family from land they have long occupied would render the appeal nugatory if stay is not granted.
The Court weighed the conflicting claims of both parties. Execution was imminent; if effected, the applicant and her family, who have lived on the suit land for many years, would be evicted, making the intended appeal nugatory if it succeeded.
Legal principles established
#- An applicant under Rule 5(2)(b) must satisfy both the arguability and nugatory limbs of the twin principles.
Court orders
#- 1.Stay of execution of the judgment and orders of E.C. Cherono J made on 18th February 2022 in Kerugoya Environment and Land Court Case Number 706 of 2013 pending the hearing and determination of the appeal
- 2.Costs to abide the outcome of the intended appeal
- On appeal from
- Environment and Land Court, Kerugoya
- Kerugoya Environment and Land Court Case Number 706 of 2013
- Jurisdiction invoked
- Rules 1, 4 and 5(2)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamau v Agricultural Finance Corporation & 3 others (Civil Application E067 of 2022) [2025] KECA 574 (KLR)", Case Analysis (2025). Notice of motion dated 25th July 2022 (Civil Application, Nyeri). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/574/eng@2025-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.