Tulet v Kukutia (Environment and Land Appeal E004 of 2021) [2022] KEELC 3306 (KLR)

The court applied the twin principles for stay pending appeal: an arguable appeal and the risk that the appeal would be rendered nugatory. It found the trial court's order merely declined protective injunctive relief, imposing no enforceable obligation on the respondent. Relying on the Kedong Ranch authority, dismissal orders cannot be stayed. The applicant also never addressed the nugatory principle in his affidavit or submissions, failing to discharge the burden of proof.

The court noted prayer No. 4 did not specify the date of the application or the order sought to be reviewed. The dismissal of the injunction application dated 2nd February 2021 was the subject of the memorandum of appeal filed on 27th October 2021, so its merits could only be addressed upon hearing of that appeal. The application for review was therefore misconceived at the interlocutory stage.