Mbobu v Kenya Power and Lighting Company Limited (Environment and Land Appeal E038 of 2024) [2025] KEELC 1404 (KLR)
The bottom line
#A Nairobi court paused enforcement of a Kshs. 421,400 electricity bill award pending appeal, but only after the appellant deposited that sum in court.
What this practically means
#Executive summary
#Key legal issues
#Whether the application was filed after unreasonable delay
The delay was not unreasonable; the Applicant had requested certified proceedings which were never issued, and the application followed the Respondent's bill of Kshs. 432,387 dated 15th August 2024, with no prejudice pleaded by the Respondent.
The Applicant wrote on 21st March 2024 for certified copies of the judgment and proceedings, which had not been supplied. The application was prompted by the electricity bill of Kshs. 432,387 received on 15th August 2024 for settlement by 29th August 2024. The Respondent admitted it had neither obtained a decree nor taxed costs, and pleaded no prejudice from the delay.
Whether the Applicant demonstrated substantial loss
Substantial loss was established because if the appeal succeeds the Applicant would have paid a far larger sum than the court may ultimately find payable; the Tribunal's order required payment of Kshs. 421,400 in instalments.
Applying Order 42 Rule 6(2) and the authorities on substantial loss, the court reasoned that since the payable amount would be determined by the appellate court, execution before the appeal could force the Applicant to pay sums the court might find were not due, thereby rendering the appeal nugatory if he complied.
Security for the due performance of the decree
Stay was granted on condition that the Applicant deposits the decretal sum of Kshs. 421,400 in court within 30 days, satisfying the security requirement of Order 42 Rule 6(2)(b).
The court balanced the Applicant's apprehension of execution against the Respondent's entitlement to the fruits of its litigation, and secured the Respondent's position by conditioning the stay on the deposit of the disputed sum in court pending the appeal.
Legal principles established
#- Filing an appeal does not automatically stay execution of the decision appealed from; stay is a discretionary remedy to be exercised judiciously.
- Once an appeal has been filed before the appellate court, that court has original jurisdiction to hear an application for stay of execution regardless of whether a similar application was made before the court appealed from.
- A party may apply directly to the appellate court for stay of execution.
Court orders
#- 1.There be a conditional stay of execution of the determination of the Energy and Petroleum Tribunal dated 29th February 2024 pending the hearing and determination of this appeal
- 2.The stay of execution is granted on condition that the Appellant deposits in court Kshs. 421,400 within 30 days of the Ruling
- 3.The costs of the application to be in the cause
- On appeal from
- Energy and Petroleum Tribunal
- Jurisdiction invoked
- Article 159(2) of the Constitution of Kenya; Sections 13 and 19 of the Environment and Land Court Act; Order 22 Rule 22 and Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbobu v Kenya Power and Lighting Company Limited (Environment and Land Appeal E038 of 2024) [2025] KEELC 1404 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1404/eng@2025-03-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.