Njoroge & 3 others v Njuguna t/a Charismata Ministries Network & 2 others (Environment & Land Case 129 of 2019) [2025] KEELC 258 (KLR)
The bottom line
#A Kenyan court refused to pause a judgment that struck out a church's land case, ruling you cannot stay a decision that orders nothing.
What this practically means
#Executive summary
#Key legal issues
#Whether a stay of execution can issue in respect of a judgment that struck out the suit
No; the judgment striking out the suit for want of locus standi was a negative order with no positive decree capable of execution.
The prior judgment found the plaintiffs were not the registered trustees of the church and struck out the suit, with each party bearing its own costs. Since no party was ordered to do anything, refrain from anything, or pay anything, there was nothing to execute. Relying on Western College v Oranga as quoted in Nyong'o, and Kaushik Panchamatia, the court held a stay was unavailable.
Whether the applicants' parallel suit and ambiguity as to their intended course amounted to abuse of court process
Yes; pursuing a fresh suit (Nakuru ELC No. E072 of 2024) while also intimating an appeal was blowing hot and cold and an abuse of process.
The applicant admitted there was no positive order and had filed a similar suit seeking injunctions. The court found the applicant was unclear whether it intended to appeal or pursue the new case, and that the use of parallel processes of the court amounted to abuse of court process.
Whether the Notice of Preliminary Objection was merited
The application was found to lack merit in any event; the court resolved the matter on the substantive stay question rather than expressly upholding the objection.
The respondents' objection raised want of locus standi, absence of evinced intention to appeal, and lack of legal basis for stay. The court did not frame its determination around the objection but found the application itself lacked merit and dismissed it with costs.
Legal principles established
#- A negative order, such as striking out a suit or dismissing it with no orders of payment, is incapable of being stayed because there is nothing to stay.
- Stay of execution can only issue in respect of a positive order capable of execution.
Court orders
#- 1.The application for stay of execution lacks merit and is dismissed
- 2.Costs of the application awarded to the respondents
- On appeal from
- Environment and Land Court (Nakuru)
- Nakuru ELC Civil Suit No. 129 of 2019
- Jurisdiction invoked
- Inherent jurisdiction over post-judgment applications for stay of execution; Order 42 Rule 6(2)(a)(b) of the Civil Procedure Rules invoked by the applicants
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge & 3 others v Njuguna t/a Charismata Ministries Network & 2 others (Environment & Land Case 129 of 2019) [2025] KEELC 258 (KLR)", Case Analysis (2025). Nakuru ELC Civil Suit No. 129 of 2019 (ruling on Notice of Motion dated 3rd October, 2024 and Notice of Preliminary Objection dated 4th October, 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/258/eng@2025-01-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.