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ELCDismissedNotice of Motion dated 30th October, 2024 (appeal against ruling in Nakuru CMC ELC Case No E017 of 2023)· [2025] KEELC 481 (KLR)

Njogu v Mburu & another (Environment and Land Appeal E060 of 2024) [2025] KEELC 481 (KLR)

Environment and Land Court, Nakuru
11 February 2025
MOM. A. ODENY
1,518 words in judgment
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The bottom line

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Kenya's Environment and Land Court refused to pause a land case, ruling that staying proceedings is a rare, last-resort remedy, not a tool for delaying tactics.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) determined a Notice of Motion dated 30th October, 2024 by the Appellant/Applicant, Jane Nyawira Njogu, seeking a stay of the Ruling and proceedings in Nakuru CMC ELC Case No E017 of 2023 pending the hearing and determination of her appeal. The impugned ruling, delivered on 1st October 2024, granted the Respondent leave to file a supplementary list of documents after the hearing had commenced. The 1st Respondent opposed the application, noting that no stay had been sought when the ruling was read, that she had filed for review, and that the appeal documents were public documents under Section 79 of the Evidence Act capable of being expunged if the appeal succeeded. The Applicant relied on Order 42 Rule 6(2) of the Civil Procedure Rules and submitted the application was filed without delay and that the appeal would be rendered nugatory if the trial hearing proceeded. The court framed a single issue: whether a stay of the ruling and proceedings should issue. Relying on Kenya Wildlife Service v James Mutembei, Global Tours & Travels Limited and David Morton Silverstein v Atsango Chesoni, the court held that stay of proceedings is a grave, draconian judicial action interfering with a litigant's right to conduct litigation, to be exercised sparingly in the interest of justice. It found that allowing a supplementary list of documents is not an end in itself and the documents could be interrogated at the hearing and cross-examination. The application was dismissed with costs on 11th February 2025.

Key legal issues

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01

Whether the application for stay of proceedings met the threshold for the discretionary relief

Holding

The application was dismissed because the ruling complained of merely allowed a supplementary list of documents, which could be interrogated during hearing and cross-examination; no substantial prejudice warranting the grave remedy of stay was shown.

Reasoning

The court reiterated that stay of proceedings is a grave and draconian judicial action that interferes with a litigant's right to conduct litigation and with access to justice, so the test is high and stringent. Relying on the Global Tours & Travels and Silverstein authorities, the court weighed the pros and cons in the interest of justice and found that the appellant's grievance over the supplementary documents could be dealt with at the hearing and cross-examination, so the stay would not serve the interests of justice.

p. 4

Legal principles established

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  • Stay of proceedings is a grave judicial action interfering with a litigant's right to conduct litigation, and the test for it is high and stringent
  • The grant or refusal of a stay of proceedings is a judicial discretion to be exercised in the interest of justice, and such an order should be issued sparingly

Court orders

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  1. 1.The application dated 30th October, 2024 dismissed
  2. 2.Costs of the application to the 1st Respondent

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 Rule 6(2)
  • Evidence Act, Cap 80Section 79

Cases cited (6)

  • Mukunya Mugo 'A' & another vs Elizabeth Mugure Mukunya
    [2019] eKLR
  • Kenya Wildlife Service vs James Mutembei
    [2019] KEHC 10478 (KLR)
  • Bob and Ursulla Brenneisen & 7 others vs Shanzu Waterfront Limited
    [2016] eKLR
  • Printing Industries Limited & Multiple Industries Limited vs Bank of Baroda Kenya Limited
    [2014] KECA 281 (KLR)
  • Global Tours & Travels Limited, (Nairobi High Court Winding Up Cause No. 43 of 2000)
  • David Morton Silverstein v Atsango Chesoni
    (2002) eKLR
On appeal from
Chief Magistrate's Court, Nakuru (Environment and Land)
Nakuru CMC ELC Case No E017 of 2023
Jurisdiction invoked
Order 42 Rule 6(2) of the Civil Procedure Rules (stay of proceedings 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, "Njogu v Mburu & another (Environment and Land Appeal E060 of 2024) [2025] KEELC 481 (KLR)", Case Analysis (2025). Notice of Motion dated 30th October, 2024 (appeal against ruling in Nakuru CMC ELC Case No E017 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/481/eng@2025-02-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.