Namu & 2 others v Joseph & 3 others (Civil Appeal (Application) E013 of 2024) [2025] KECA 1560 (KLR)
The bottom line
#The Court of Appeal cannot halt a Kenyan court case unless you have actually filed an appeal against the decision affecting you.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court has jurisdiction under Rule 5(2)(b) to grant an injunction/stay of proceedings in Embu ELC Case No. E012 of 2023 where no notice of appeal or appeal has been lodged against any decision in that suit
Key legal issues
#Whether the Court of Appeal can stay proceedings in a suit from which no appeal has been filed
No. Rule 5(2)(b) jurisdiction is anchored on an existing or intended appeal against the decision in respect of which relief is sought; absent such an appeal the Court lacks jurisdiction.
The applicants' notice of appeal and appeal (E013 of 2024) were directed at the ruling of 8th November 2023 in Embu ELC Petition No. 1 of 2023, not at any decision in Embu ELC E012 of 2023, the suit they sought to arrest. Citing Safaricom Limited v Ocean View Beach Hotel Limited, the Court held that Rule 5 provides interim relief only where a party aggrieved by a superior court's determination has appealed or intends to appeal. Without an appeal or intention to appeal, the Court has no jurisdiction to meddle in the superior court's decision. The application was therefore struck out.
Legal principles established
#- The Court of Appeal's jurisdiction under Rule 5(2)(b) to order a stay of proceedings or injunction in civil proceedings is contingent on a notice of appeal or appeal having been lodged against the decision that aggrieved the applicant; without such an appeal the Court cannot meddle in the decision of the superior court.
Court orders
#- 1.The application against the 2nd respondent (deceased) was withdrawn with no orders as to costs
- 2.The application dated 29th May 2024 is struck out for want of jurisdiction
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Environment and Land Court at Embu
- ELC Petition No. 1 of 2023
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules, 2022
Relief refused
#Injunction to arrest/remand Embu ELC Case No. E012 of 2023 and stay of the ELC Judge's hearing or mention of that suit pending hearing of Civil Appeals Nos. E013 of 2024 and E080 of 2024
The Court had no jurisdiction under Rule 5(2)(b) because no decision in Embu ELC E012 of 2023 had aggrieved the applicants and no notice of appeal or appeal had been lodged from that suit
Costs
Application struck out with costs to the 1st, 3rd and 4th respondents
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The result is that, for want of jurisdiction, we strike out the application dated 29th May 2024 with costs to the 1st 3rd and 4th respondents.
It is clear from all the provisions of rule 5 that their basic aim is to provide an interim relief where the superior court has determined a matter and the party against whom the determination is made has either appealed or intends to appeal.
We have not been shown any decision in Embu ELC E012 of 2023 that has aggrieved the applicants, and from which either a notice of appeal or an appeal has been lodged before this Court.
Issues in the judgment
#The judgment variously refers to the ELC suit whose hearing the applicants sought to arrest as 'ELC Case No. E012 of 2023' and 'ELC Case No. E012 of 2024'; the two references conflict on the record.
Benjoh Amalgamated Ltd v KCB is quoted within the ruling of the ELC court below, not cited independently by this Court; its treatment is recorded accordingly.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Namu & 2 others v Joseph & 3 others (Civil Appeal (Application) E013 of 2024) [2025] KECA 1560 (KLR)", Case Analysis (2025). Civil Application No. Nyeri ELC Appeal (Application dated 29th May 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1560/eng@2025-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.