Gichobi v Gathua (Environment and Land Appeal E004 of 2022) [2024] KEELC 4009 (KLR)
The bottom line
#Kenya's Environment and Land Court paused an eviction, but only after the appellant deposited Kshs. 50,000 as security, proving stay orders come with conditions.
What this practically means
#Executive summary
#Key legal issues
#Substantial loss
Eviction of the appellant from land where he resides with his family amounts to substantial loss.
The lower court judgment decreed eviction. The court found that if eviction were carried out while the appellant resides on and has developed the land, he would suffer substantial loss, satisfying the first limb of Order 42 Rule 6.
Reasonable time
A four-month period between judgment and the application was not inordinate delay.
The respondent alleged a five-month delay; the court corrected this to about four months and held, relying on Jaber Mohsen Ali v Priscilla Boit, that unreasonableness of delay depends on the circumstances of each case, including the time, money and expertise needed to prepare an appeal.
Security for costs
Stay was granted conditional on the appellant depositing Kshs. 50,000 as security within sixty days.
Order 42 Rule 6 requires an applicant for stay to furnish security. The court granted stay on condition that the appellant deposit 50,000 as security for costs within sixty days, failing which the stay lapses.
Legal principles established
#- Stay of execution is not a right; it is granted only where the statutory threshold under Order 42 Rule 6 is met.
Court orders
#- 1.Stay of execution of the decree of the Magistrates Court, Siakago in ELC No. 12 of 2020 dated April 13, 2022 pending hearing and determination of the appeal
- 2.Appellant to deposit Kshs. 50,000 as security for costs within sixty (60) days failing which the order of stay will lapse
- 3.Costs of the application to be in the cause
- On appeal from
- Magistrates Court, Siakago
- ELC No. 12 of 2020
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules and section 3A of the Civil Procedure Act (Cap 21)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gichobi v Gathua (Environment and Land Appeal E004 of 2022) [2024] KEELC 4009 (KLR)", Case Analysis (2024). ELC Appeal (Embu) - arising from Siakago Magistrates' Court ELC No. 12 of 2020 (application dated August 11, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4009/eng@2024-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.