Alice Njambi Waitiki & another Both suing as the Administrators of the Estate of the Late Robinson Kinuthia Muriakiara) v John Kamau Muchai & 3 others Sued as Trustees of Kinoo Water Trust) [2016] KEELC 1212 (KLR)
The bottom line
#A Kenyan court paused an eviction order against a water trust because cutting off supply would hurt thousands of households, but required Kshs 2 million security.
What this practically means
#Executive summary
#Key legal issues
#Substantial loss
Substantial loss established because eviction would cause water shortage to many households.
The Applicants supply water drawn from the suit property to numerous households. Although the Plaintiffs disputed the figure, claiming only 533 member households rather than 3000, the court held that on either figure the loss of water supply would affect many households before the appeal is heard, satisfying the substantial loss threshold under Order 42 rule 6(2).
Unreasonable delay
No unreasonable delay; application filed within required time.
Judgment was delivered on 19th June 2015 and the application filed on 21st July 2015. The court found this period acceptable and held there was no delay in bringing the application.
Security
Stay granted conditional on deposit of Kshs. 2,000,000/- as security.
The Applicants had not stated what security they would furnish. Applying Order 42 rule 6(2)(b), the court required such security as may ultimately be binding upon them and directed a deposit of Kshs. 2,000,000/- as security for performance of the judgment should the appeal fail.
Legal principles established
#- A party seeking stay must specify the substantial loss likely to be suffered; mere assertion that the appeal will be rendered nugatory is insufficient.
Court orders
#- 1.Stay of execution pending the hearing and determination of the Appeal granted
- 2.Defendants directed to deposit in court the sum of Kshs. 2,000,000/- as security for performance of the judgment should their Appeal fail
- Jurisdiction invoked
- Order 42 rule 6 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alice Njambi Waitiki & another Both suing as the Administrators of the Estate of the Late Robinson Kinuthia Muriakiara) v John Kamau Muchai & 3 others Sued as Trustees of Kinoo Water Trust) [2016] KEELC 1212 (KLR)", Case Analysis (2016). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1212/eng@2016-02-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.