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ELCDismissedNakuru ELC 103 of 2019 (Notice of Motion dated 3rd September 2024)· [2025] KEELC 39 (KLR)

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)

Environment and Land Court
21 January 2025
1,688 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling by the Environment and Land Court at Nakuru (M. A. Odeny, J) determined a Notice of Motion dated 3rd September 2024 by the 1st Defendant/Applicant, Farah Ali Ahmed, chairperson of a self-help group, seeking a stay of execution of the judgment delivered on 27th June 2024 in Nakuru ELC 103 of 2019 pending an intended appeal. The Applicant argued he had an arguable appeal, that no delay had occurred, and that eviction of himself, his family and over 5,000 group members would render the appeal nugatory. The Plaintiff/Respondent, through its Director General Dr. Eliud Kireger, opposed the motion, contending that execution had already been carried out on 30th August 2024 and the Defendants had vacated the suit property, that the Applicant had filed a similar stay application before the Court of Appeal (Nakuru COA APPL NO. E071 of 2024), and that no security had been offered. The court framed a single issue: whether the Applicant met the Order 42 Rule 6 conditions for stay. It found the application timeously filed but held that the Respondent's assertion that the decree had been executed was uncontroverted; there was therefore nothing to stay and issuing orders would be academic. The court also noted the Applicant was using two parallel forums for the same relief. The application was dismissed with each party bearing its own costs.

Key legal issues

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01

Whether the application was filed without unreasonable delay

Holding

The application dated 3rd September 2024, following judgment of 27th June 2024, was filed timeously

Reasoning

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.

p. 3
02

Whether the Applicant would suffer substantial loss if stay is not granted

Holding

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

Reasoning

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.

p. 4
03

Whether the parallel application before the Court of Appeal disentitles the Applicant to relief

Holding

The Applicant's use of two parallel forums for the same stay weighed against the application

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 1.The application dated September 3, 2024 is dismissed
  2. 2.Each party shall bear their own costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 Rule 6

Cases cited (22)

  • RWW vs EKW
    [2019] eKLR
  • Multimedia University & another vs Gitile N. Naituli
    [2014] eKLR
  • Damji Pragji Mandavia vs Sara Lee Household & Body Care (K) Ltd
    Civil Application No Nai 345 of 2004
  • Joseph Gitahi Gachau & Another vs Pioneer Holdings (A) Ltd & Two others
    Civil Application No 124 of 2008
  • Reliance Bank Limited vs Norlake Investments Limited
    [2002] 1 E.A 227
  • Butt vs Rent Restriction Tribunal
    [1979] eKLR
  • George Ole Sangui & 12 others vs Kedong Ranch Limited
    [2015] eKLR
  • Charles Mwangi Kiiru vs Boniface Maina Gichomo & Joseph Mwangi Thuo
    [2021] eKLR
  • Zipporah Karigu & 5 others vs Sabera Gakundi Mwithi & 10 others
    [2021] eKLR
  • Monica Opete vs Michael Owino Awinde
    [2021] eKLR
  • Kampali Ole Kiok vs Simon H. Igecha Waithaka
    [2021] eKLR
  • Njeri Munene vs Wilfred Muriuki Muriithi
    [2015] eKLR
  • Sammy Muthengi Kite vs Veronica Mutola Kalusi
    [2021] eKLR
  • Re Estate of Atanasio Karanu
    [2018] eKLR
  • James Wangalwa & another vs Agnes Naliaka Cheseto
    [2012] eKLR
  • Machira t/a Machira & Co Advocates vs East African Standard
    [2002] eKLR
  • Pamela Monyangi Bitange & 2 others vs David Kasyaku & 4 others
    [2021] eKLR
  • Equity Bank Limited vs Taiga Adams Company Limited
    [2006] eKLR
  • Congress Rental South Africa vs Kenyatta International Convention Centre; Co-operative Bank of Kenya Limited & another (Garnishee)
    [2019] eKLR
  • Jaber Mohsen Ali & another v Priscillah Boit & another
    [2014]
  • Elijah Kimani Kimuyu & 2 Others v Francis Mburu Kamau
    [2021] eKLR
  • Wang'ombe v Nyamu (Environment & Land Case 48 of 2017)
    [2023] KEELC 366 (KLR)
Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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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.