Board of Governors Matili Technical Training Institute & 2 others v Ramogi Construction Company Limited
The bottom line
#The Court of Appeal dismissed a bid to halt payment of a Kshs.16.4 million judgment because the applicants never filed a notice of appeal against that judgment.
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 to entertain an application for stay of execution where no notice of appeal has been lodged against the judgment sought to be stayed
Key legal issues
#Jurisdiction to grant stay of execution absent a notice of appeal
The Court lacks jurisdiction to entertain a stay application under Rule 5(2)(b) where no notice of appeal has been lodged against the judgment or decision sought to be stayed.
Rule 5(2)(b) permits stay of execution in civil proceedings only where a notice of appeal has been lodged in accordance with Rule 77. The applicants sought to stay execution of the judgment of 15th January 2024, against which no notice of appeal was filed; their notice of appeal related only to the later ruling declining a stay. Without the jurisdictional predicate of a lodged notice of appeal, the Court could not entertain the application and had to down its tools.
Legal principles established
#- The Court of Appeal has no jurisdiction under Rule 5(2)(b) to order a stay of execution in civil proceedings unless a notice of appeal has been lodged in accordance with Rule 77.
Court orders
#- 1.The application lacks merit and is dismissed with costs to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Bungoma
- HCCA No. 1 of 2023
- Jurisdiction invoked
- Articles 159 and 164(3) of the Constitution; Rule 5(2)(b) of the Court of Appeal Rules considered
Relief refused
#Stay of execution and temporary restraint of the respondent from enforcing the decree and judgment of 15th January 2024
No notice of appeal was lodged against the judgment sought to be stayed, so the Court lacked jurisdiction under Rule 5(2)(b)
Costs
The application is dismissed with costs to the respondent
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.
It is therefore clear from the foregoing that, in the absence of a duly filed notice of appeal, this Court lacks jurisdiction to entertain this application. It is time for us to down our tools as we hereby do.
In any Civil Proceedings where a notice of appeal has been lodged in accordance with Rule 77, order stay of execution, an injunction or stay of any further proceedings on such terms as the Court may think just
The application lacks merit and is hereby dismissed with costs to the respondent.
Issues in the judgment
#Coram lists only one judge but the judgment is signed by three Judges of Appeal
Applicants cited no rule of this Court in the motion yet sought stay orders; the court noted the defect but did not rule on curability
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Board of Governors Matili Technical Training Institute & 2 others v Ramogi Construction Company Limited", Case Analysis (2025). Civil Application E187 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2211/eng@2025-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.