Shilaro v Shilaro & another (Environment and Land Appeal E017 of 2022) [2025] KEELC 10 (KLR)
The bottom line
#A Kenyan land court paused an eviction because forcing the occupants off the land before their appeal is heard would cause them serious harm.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution pending appeal should issue
Stay granted; eviction from the suit property would amount to substantial loss, the application was filed timeously, and an appeal (Civil Appeal No. E118 of 2024, Court of Appeal, Kisumu) is in existence
The court applied Order 42 rule 6(1) and (2) of the Civil Procedure Rules, 2010. The Applicants filed a Notice of Appeal on 3rd May 2024 and later filed Civil Appeal No. E118 of 2024 at the Court of Appeal at Kisumu, satisfying rule 6(4). The judgment required them to vacate the suit property within 90 days failing which an eviction order would issue; the court found eviction would amount to substantial loss. The application was filed timeously, and the court limited the stay's duration to encourage diligent prosecution of the appeal.
Legal principles established
#- Substantial loss is the cornerstone of the jurisdiction to grant stay of execution pending appeal; an application cannot succeed without demonstration of substantial loss
- An applicant for stay must demonstrate substantial loss, absence of unreasonable delay, and furnish security as ordered
Court orders
#- 1.Stay of execution of the judgment and decree herein granted pending hearing and determination of the Respondents/Applicants' appeal to the Court of Appeal
- 2.The stay orders shall remain in force for a period of only 2 (two) years from the date of delivery of the ruling, unless otherwise extended in the Appellate Court
- 3.No order as to costs of the application
- On appeal from
- Subordinate Court
- Jurisdiction invoked
- Order 42 rule 6(1) and (2) of the Civil Procedure Rules, 2010 (stay of execution pending appeal to the Court of Appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shilaro v Shilaro & another (Environment and Land Appeal E017 of 2022) [2025] KEELC 10 (KLR)", Case Analysis (2025). Notice of Motion dated 6th May 2024 arising from the appeal (judgment delivered 25th April 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/10/eng@2025-01-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.