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Court of AppealDismissedNotice of Motion dated 17th December, 2025 (Rule 5(2)(b) application in intended appeals Civil Appeals No. E020 of 2026 and E024 of 2026)· [2026] KECA 818 (KLR)

Sauti Savings & Credit Co-operative Society Limited v Vincent Ekeya Omuse & 8 others

Court of Appeal of Kenya
30 April 2026
2,348 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal refused to pause a multi-million shilling judgment against Sauti SACCO because bare claims of financial harm, without evidence, don't justify a stay.

What this practically means

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Executive summary

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The applicant, Sauti Savings & Credit Co-operative Society, moved the Court of Appeal under Rule 5(2)(b) of the Court of Appeal Rules, 2022 seeking a stay of execution of a judgment of the Environment & Land Court in Nairobi CC No. E106 of 2021 (Oguttu Mboya, J) delivered on 31st January 2025, awarding compensation of Kshs 4.3 million per plot to the respondents, together with a stay of a ruling of 12th August 2025 (C. G. Mbogo, J) dismissing a preliminary objection. The dispute arose from the respondents' purchase of plots in 1994 for which titles were never issued; by a consent of 14th June 2023 the only issue remaining was the compensable amount. The applicant, whose appeals were filed as Civil Appeals No. E020 of 2026 and E024 of 2026, argued the appeals were arguable, challenging the trial court's basis for quantum (frustration versus breach of contract), and that payment would destabilise it financially with no realistic prospect of refund by the respondents. All respondents opposed, contending the application failed both limbs and that a money decree does not ordinarily render an appeal nugatory. Applying the settled principles in Stanley Kangethe Kinyanjui v Tony Ketter, the Court found the appeal arguable but held that bare assertions of destabilisation and inability to refund, unsupported by accounts or evidence of the respondents' means, did not establish that the appeal would be rendered nugatory. The motion was dismissed with costs to the respondents. The decision below was not disturbed; the intended appeals remain pending.

Key legal issues

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01

Arguability of the intended appeals

Holding

The appeals were arguable; the applicant had filed notices of appeal and the respective appeals, and perusal of the pleadings showed the appeal was not frivolous.

Reasoning

The Court exercised its discretion under Rule 5(2)(b) and applied the settled Stanley Kangethe Kinyanjui principles: a single bona fide arguable ground suffices, and the Court must not make definitive findings. On the facts, given the total judgment amount and the respondents' failure to adduce evidence of their means to repay, the appeal was found not frivolous or unarguable.

p. 5
02

Whether the appeal would be rendered nugatory absent a stay

Holding

The nugatory limb failed. Bare assertions of financial destabilisation and the respondents' inability to refund, unsupported by evidence such as accounts, do not discharge the applicant's burden.

Reasoning

The applicant claimed that payment of the large decretal amount would destabilise it as a SACCO and that the respondents could not refund, but produced no accounts or evidence of the extent of destabilisation, and the respondents gave no evidence of means. Applying the Kinyanjui principles, the Court was not satisfied that a successful appeal would be rendered nugatory if stay was refused.

p. 5

Legal principles established

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  • An applicant under Rule 5(2)(b) must satisfy both twin principles of arguability and nugatory-ness; an applicant alleging that payment will destabilise it financially must adduce evidence, such as accounts, in support of that claim.

Court orders

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  1. 1.Notice of Motion dated 17th December, 2025 dismissed
  2. 2.Costs of the application to the respondents
On appeal from
Environment & Land Court, Nairobi
CC No. E106 of 2021
Jurisdiction invoked
Rule 5(2)(b) of the Court of Appeal Rules, 2022

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Sauti Savings & Credit Co-operative Society Limited v Vincent Ekeya Omuse & 8 others", Case Analysis (2026). Notice of Motion dated 17th December, 2025 (Rule 5(2)(b) application in intended appeals Civil Appeals No. E020 of 2026 and E024 of 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/818/eng@2026-04-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.