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ELCPartially AllowedIsiolo ELC Appeal (from Isiolo ELC Case No. 12 of 2017) - Notice of Motion dated 1st December 2021· [2022] KEELC 2009 (KLR)
Gladys Kaluyu Mugambi v Gedion Kabiki Kirera [2022] KEELC 2009 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#An Isiolo court paused execution of a Kshs 700,000 judgment, but only because the appellant agreed to deposit that money with the court as security within 21 days.
What this practically means
#Executive summary
#This is an ex parte ruling delivered in chambers at Isiolo by Hon. Justice P. M. Njoroge of the Environment and Land Court on 24th January 2022. The applicant, Gladys Kaluyu Mugambi, moved the court by notice of motion dated 1st December 2021 seeking certification as urgent, a stay of execution of the judgment/decree and consequential orders issued on 23rd November 2021 in Isiolo ELC Case No. 12 of 2017, pending inter partes hearing of the application and pending the hearing and determination of her appeal, plus costs. By that judgment the lower court had awarded the respondent Kshs 700,000/= general damages and costs of the suit. The applicant contended that the appeal had overwhelming chances of success, that the respondent could execute at any time, that she stood to suffer substantial loss if execution proceeded, and that the appeal would be rendered nugatory if it succeeded after execution had already occurred. Upon perusal of the application and supporting documents, the court issued a conditional stay of execution, conditioned upon the applicant/appellant depositing with the court, as security, the sum of Kshs 700,000/= within 21 days, failing which the conditional stay would automatically lapse. The court further directed that the appellant properly serve the respondent with the orders within 10 days, and fixed the application for inter partes hearing on 14th March 2022. No costs were expressly awarded at this stage and no authorities were cited. The ruling is interlocutory and ex parte only; the substantive stay application remains pending inter partes.
Key legal issues
#01
Whether conditional stay of execution should issue ex parte pending appeal
Holding
Yes, upon the applicant depositing the decretal sum of Kshs 700,000/= with the court as security within 21 days
Reasoning
The lower court had awarded the respondent Kshs 700,000/= general damages and costs; the applicant feared execution would render the appeal nugatory and cause substantial loss. The court balanced the appellant's protection with the respondent's interest by granting conditional stay secured by the deposit of the decretal sum, and directed service and an inter partes hearing to determine the matter fully.
p. 1
Legal principles established
#- Stay of execution pending appeal may be granted conditionally upon deposit of the decretal amount as security, failing which the stay lapses
Court orders
#- 1.Conditional stay of execution of the judgment or decree issued in Isiolo ELC Case No. 12 of 2017 granted, subject to the applicant/appellant depositing with the court as security the sum of Kshs 700,000/= within 21 days, failing which the stay automatically lapses
- 2.The appellant/applicant to properly serve the respondent with the court's orders within 10 days
- 3.Application to be heard inter partes on 14/3/2022
- On appeal from
- Environment and Land Court, Isiolo
- Isiolo ELC Case No. 12 of 2017
- Jurisdiction invoked
- Inherent jurisdiction to grant stay of execution pending appeal (application ex parte in the first instance)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gladys Kaluyu Mugambi v Gedion Kabiki Kirera [2022] KEELC 2009 (KLR)", Case Analysis (2022). Isiolo ELC Appeal (from Isiolo ELC Case No. 12 of 2017) - Notice of Motion dated 1st December 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2009/eng@2022-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.