Johnson Kasaine & 4 others v Pasaye Ole Kerema & 8 others [2019] KEELC 2496 (KLR)
The bottom line
#Kenya's Environment and Land Court at Narok paused a 20-year land case so the plaintiffs could appeal without their rights becoming meaningless.
What this practically means
#Executive summary
#Key legal issues
#Stay of proceedings pending appeal
The application for stay of proceedings was allowed; the court found the Applicants had demonstrated they would suffer loss if the suit proceeded.
The court relied on the principle that the right of appeal is constitutional and actualizes access to justice. Although the Respondents argued the suit had been in court over 20 years and crucial evidence could be lost, the court held that an appellant showing good cause must not be obstructed, and that if the hearing proceeded and the appeal later succeeded, precious judicial time would be wasted.
Judicial discretion in interlocutory applications
Discretion must be exercised judiciously, not capriciously.
The court acknowledged the application invoked its discretion and held itself bound to exercise that discretion judiciously so as to inspire confidence in the judicial system as one that upholds the Constitution. This informed the decision to preserve the subject matter pending the intended appeal.
Legal principles established
#- The right to appeal is a constitutional right that actualizes the right of access to justice, and anything that renders an appeal nugatory impinges the right of appeal.
- Discretion in stay applications must be exercised judiciously so as to inspire confidence in the judicial system.
Court orders
#- 1.The Notice of Motion dated 16th November, 2018 is allowed
- 2.Proceedings in the suit are stayed pending the hearing and determination of the Applicants' application
- 3.Each party to bear its costs
- Jurisdiction invoked
- Article 162 of the Constitution of Kenya; Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Johnson Kasaine & 4 others v Pasaye Ole Kerema & 8 others [2019] KEELC 2496 (KLR)", Case Analysis (2019). Application dated 16th November, 2018 (suit number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2496/eng@2019-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.