The Managing Director, Kenya Pipeline Limited & 1 other v Public Procurement Administrative Review Board & 2 others
The bottom line
#The Court of Appeal confirmed it cannot stay its own final judgment pending a Supreme Court appeal—once judgment is delivered, you must apply to the Supreme Court.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the Court of Appeal to stay its own judgment pending an intended appeal to the Supreme Court
The Court lacks jurisdiction. Rule 5(2)(b) applies to pending or intended appeals before the Court of Appeal; once final judgment is delivered the Court is functus officio, and the proper forum for stay pending a Supreme Court appeal is the Supreme Court itself, after leave or certification.
The Court relied on Dickson Muricho Muriuki v Timothy Kagondu Muriuki, holding that after final judgment the principle of functus officio prevents the Court of Appeal from reopening the case or granting stay absent statutory authority. It also endorsed Odongo v Clerk, Nakuru County Assembly, where a similar prayer for stay pending a Supreme Court appeal was refused. Guidance was noted that the proper forum is the Supreme Court, and only once leave or certification has been granted.
Legal principles established
#- Once the Court of Appeal has pronounced final judgment it is functus officio and, absent statutory authority, cannot reopen the case or stay its own judgment pending an intended appeal to the Supreme Court; such stay must be sought in the Supreme Court.
- The powers under Rule 5(2)(b) of the Court of Appeal Rules are exercisable only in the context of a pending or intended appeal before the Court of Appeal itself.
Court orders
#- 1.The applicants' application dated 9th October 2024 is dismissed
- 2.Costs of the application are awarded to the 1st and 2nd respondents
- On appeal from
- Court of Appeal (the same court, whose judgment was sought to be stayed)
- Civil Appeal No. E1009 of 2023
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules, with Section 3A of the Civil Procedure Act invoked by the applicants
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "The Managing Director, Kenya Pipeline Limited & 1 other v Public Procurement Administrative Review Board & 2 others", Case Analysis (2025). Application dated 9th October 2024 in Civil Appeal No. E1009 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/756/eng@2025-05-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.