Sauti Savings & Credit Co-operative Society Limited v Vincent Ekeya Omuse & 8 others
The bottom line
#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
#Executive summary
#Key legal issues
#Arguability of the intended appeals
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.
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.
Whether the appeal would be rendered nugatory absent a stay
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.
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.
Legal principles established
#- 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
#- 1.Notice of Motion dated 17th December, 2025 dismissed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.