Kenya Agricultural Research Institute (KARI) v Ali, Chairman Isahakia Self Help Group (Sued on his behalf and on behalf of members of the Group) & another (Environment & Land Case 103 of 2019) [2025] KEELC 39 (KLR)
The bottom line
#A Kenyan court refused to pause execution of a land judgment because the eviction had already happened, leaving nothing for it to stop.
What this practically means
#Executive summary
#Key legal issues
#Whether the application was filed without unreasonable delay
The application dated 3rd September 2024, following judgment of 27th June 2024, was filed timeously
The court found the interval between judgment on 27th June 2024 and the application of 3rd September 2024 showed the application was filed timeously, citing Jaber Mohsen Ali v Priscillah Boit on what constitutes unreasonable delay. Delay was therefore not the ground for dismissal; the fatal defect was that the decree had already been executed.
Whether the Applicant would suffer substantial loss if stay is not granted
No substantial loss could found a stay because execution had already been carried out on 30th August 2024 and the Defendants had vacated the suit property
The Respondent's assertion that execution was complete on 30th August 2024 was not controverted by any evidence from the Applicant. Following Elijah Kimani Kimuyu v Francis Mburu Kamau and Wang'ombe v Nyamu, the court held there was nothing left to stay and issuing orders would be an academic exercise.
Whether the parallel application before the Court of Appeal disentitles the Applicant to relief
The Applicant's use of two parallel forums for the same stay weighed against the application
The court noted the Applicant had filed a similar stay application at the Court of Appeal (Nakuru COA APPL NO. E071 of 2024) and had not addressed the court on that submission. This reinforced the conclusion that the application was untenable and an abuse of process.
Legal principles established
#- A stay of execution cannot be granted where the decree has already been executed; the application is overtaken by events
- A litigant cannot pursue parallel applications for the same stay in two different courts
Court orders
#- 1.The application dated September 3, 2024 is dismissed
- 2.Each party shall bear their own costs
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Agricultural Research Institute (KARI) v Ali, Chairman Isahakia Self Help Group (Sued on his behalf and on behalf of members of the Group) & another (Environment & Land Case 103 of 2019) [2025] KEELC 39 (KLR)", Case Analysis (2025). Nakuru ELC 103 of 2019 (Notice of Motion dated 3rd September 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/39/eng@2025-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.