Kemboi v Kimitei (Environment and Land Appeal E006 of 2024) [2025] KEELC 622 (KLR)
The bottom line
#A Nakuru court paused an eviction for 180 days so a homeowner can appeal, but only after depositing Ksh 200,000 as security.
What this practically means
#Executive summary
#Key legal issues
#Timeliness of the application for stay of execution
The application met the first test for grant of stay of execution pending appeal as it was made timeously
The court compared the date of the judgment appealed from (31st October 2024) with the date the application was lodged (5th November 2024) and concluded the delay was not unreasonable, satisfying the first test for stay of execution pending appeal.
Substantial loss and terms of the stay
The applicant demonstrated substantial loss as eviction would render him and his dependents homeless; stay granted for 180 days upon deposit of Ksh 200,000 security
The court found that the suit property is the applicant's only residence and that execution would lead to eviction and irreparable homelessness for the applicant and his dependents. Balancing this against the respondent's interest, the court granted a time-limited stay of 180 days conditioned on security of Ksh 200,000 deposited in a joint account of the parties' lawyers within 30 days.
Respondent's objections: jurisdiction, prima facie case and security
The respondent's objections that the application disclosed no tenable issue, no prima facie case, no security and that the court was functus officio did not prevail
The respondent, through grounds of opposition filed on 20th November 2024, argued the application raised no tenable issue, established no prima facie case with chances of success, that no security had been pledged and that the court was functus officio. The court did not accept these objections and instead found the application merited, granting a conditional stay.
Legal principles established
#- An application for stay of execution pending appeal must be made timeously without unreasonable delay
- An applicant for stay must demonstrate that he is likely to suffer substantial loss if stay is not granted
Court orders
#- 1.Stay of execution of the judgment dated 31st October 2024 granted for a period of 180 days only
- 2.The applicant to deposit Ksh 200,000 as security for costs within the next 30 days in a joint account in a reputable bank to be opened in the names of their lawyers
- 3.Costs of the application to be in the appeal
- Jurisdiction invoked
- Inherent jurisdiction to grant stay of execution pending appeal (application for stay of execution of judgment dated 31st October 2024 pending intended appeal to the Court of Appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemboi v Kimitei (Environment and Land Appeal E006 of 2024) [2025] KEELC 622 (KLR)", Case Analysis (2025). ELC Case No. 261 of 2018 (application for stay of execution arising from appeal judgment dated 31st October 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/622/eng@2025-02-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.