Wakesho v Ali & another (Environment and Land Appeal E001 of 2025) [2025] KEELC 1298 (KLR)
The bottom line
#A Kenyan court refused an injunction and cost stay but froze the Voi plot's position as at 10 December 2024 until the appeal is decided.
What this practically means
#Executive summary
#Key legal issues
#Whether the threshold for a temporary injunction pending appeal was met
Not met for an injunction; the court instead ordered maintenance of the status quo as at the date of the trial judgment pending the appeal, finding the appeal not frivolous
The court restated the principles for injunctions pending appeal from Patricia Njeri & 3 Others v National Museum of Kenya, drawing on Giella v Cassman Brown. Although the Applicant claimed to be a bona fide purchaser, she did not clearly demonstrate physical occupation, which the 1st Respondent contested. Balancing the parties' interests, the court preserved the position as at the date of the trial judgment rather than granting an injunction.
Whether stay of enforcement of the trial court's order of costs should be granted
Refused because no execution process had been threatened or commenced
Upon perusal of the affidavits, the court found no evidence of any actual threat or commencement of execution of costs by the Respondents. Absent such demonstration, the discretionary relief of a stay of enforcement could not be granted at that stage.
Legal principles established
#- An injunction pending appeal is a discretionary order granted to preserve the subject matter of the appeal and ensure the appeal, if successful, is not rendered nugatory, guided by principles including a prima facie case and potential irreparable harm.
- The ELC has jurisdiction to grant interim preservation orders including injunctions under section 13(7) of the Environment and Land Court Act, and to grant a temporary injunction pending appeal under Order 42 Rule 6(6) of the Civil Procedure Rules.
- Where an injunction is not established, the court may order maintenance of the status quo to balance the parties' interests pending appeal.
Court orders
#- 1.An order be and is hereby issued that the status quo currently pertaining to the suit premises Plot No. 11 situate within Voi Township as at December 10, 2024 be maintained pending the hearing and determination of the appeal herein.
- 2.Costs of this application to abide the outcome of the appeal.
- On appeal from
- Trial court (magistrates' court)
- Jurisdiction invoked
- Section 13(7) of the Environment and Land Court Act No. 19 of 2011 and Order 42 Rule 6(6) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wakesho v Ali & another (Environment and Land Appeal E001 of 2025) [2025] KEELC 1298 (KLR)", Case Analysis (2025). Not stated in the judgment (Appeal from the trial court; application dated 2nd February 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1298/eng@2025-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.