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ELCPartially AllowedNot stated in the judgment (interlocutory application arising from judgment delivered 16th July 2018)· [2018] KEELC 2035 (KLR)
Kaimba Mangaara v Tharaka Nithi County Government [2018] KEELC 2035 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#A Kenyan court gave the County Government a temporary pause on paying damages, but only until both sides argue the stay request fully.
What this practically means
#Executive summary
#This ruling arises from a notice of motion filed by the County Government of Tharaka Nithi, the respondent in the underlying petition and the applicant in the motion, seeking a stay of execution of the judgment delivered on 16th July 2018 in which it was ordered to pay Kshs.5.5 million in damages plus mesne profits from 1996, with a valuation to quantify the mesne profits, and declarations that the petitioner's rights were infringed. The application was brought under Order 42 Rule 6 and Order 51 Rules 1 to 3 of the Civil Procedure Rules and sections 1A, 1B and 3A of the Civil Procedure Act, supported by the affidavit of Dr. Fredrick Njeru Kamunde, the County Secretary. The applicant contended that execution would cause it substantial loss, render its intended appeal to the Court of Appeal nugatory, and contravene its right of access to justice under Article 48. It relied on authorities including African Safari Club vs Safe Rentals Ltd, Assanand vs Pettit and Reliance Bank Ltd vs Norlake Investments on stays, status quo and security. The application was heard ex parte on 31st July 2018, counsel citing urgency arising from the court recess. The court certified the urgency implicit in listing, granted prayer 3 only - a stay of execution of the judgment of 16th July 2018 - limited until 24th September 2018 when the application would be heard inter partes, directed service upon the respondent within 10 days, and ordered the matter be listed for the inter partes hearing on 24th September 2018. No costs order was made.
Key legal issues
#01
Whether interim stay of execution could be granted ex parte pending inter partes hearing
Holding
The court granted a temporary stay, limited until the inter partes hearing date, in the interest of justice
Reasoning
The application was brought under Order 42 Rule 6 and Order 51 of the Civil Procedure Rules. It was heard ex parte on 31st July 2018 on grounds of urgency. The court granted only prayer 3, an interim stay of execution of the judgment of 16th July 2018, expressly limited until the inter partes hearing on 24th September 2018, and directed service within 10 days.
p. 2
Legal principles established
#Court orders
#- 1.Prayer 3 of the application granted: stay of execution of the judgment delivered on 16th July 2018 until 24th September 2018 when the application will be heard
- 2.The applicant directed to serve the application upon the respondent within 10 days
- 3.The application to be heard inter partes on 24th September 2018
- Jurisdiction invoked
- Orders 42 Rule 6 and 51 Rules 1 to 3 of the Civil Procedure Rules and sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kaimba Mangaara v Tharaka Nithi County Government [2018] KEELC 2035 (KLR)", Case Analysis (2018). Not stated in the judgment (interlocutory application arising from judgment delivered 16th July 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2035/eng@2018-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.