Kamau & 2 others v Kamau & 6 others (Environment & Land Case 011 of 2022) [2024] KEELC 4554 (KLR)
The bottom line
#A Kenyan court struck out a stay application because the same request was already pending before the Court of Appeal - you cannot chase identical orders in two courts at once.
What this practically means
#Executive summary
#Key legal issues
#Simultaneous stay applications in the trial court and the appellate court
The application before the trial court was struck out because an identical stay application was pending in the Court of Appeal at Kisumu.
Order 42 Rule 6 of the Civil Procedure Rules allows a stay application to be made to the court that made the decree, and whether granted or rejected, the appellate court may still entertain a similar application. However, the two courts cannot entertain identical applications simultaneously, as this would create confusion. Since the judgment debtors' advocates were already pursuing stay in the Court of Appeal, the present application was an abuse of the trial court's process and was struck out, with no orders as to costs because the decree holders did not participate in it.
Legal principles established
#- An application for stay of execution under Order 42 Rule 6 may be made either to the court that made the decree or to the appellate court, but not simultaneously to both; pursuing both is an abuse of process.
Court orders
#- 1.The Notice of Motion dated 25/1/2024 seeking stay of execution is struck out as an abuse of the process of the court
- 2.No orders as to costs
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamau & 2 others v Kamau & 6 others (Environment & Land Case 011 of 2022) [2024] KEELC 4554 (KLR)", Case Analysis (2024). Not stated in the judgment (Elc suit re LR Gesima Settlement Scheme/224). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4554/eng@2024-05-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.