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ELCAllowedNot stated in the judgment (application dated 24/7/2024, arising from appeal against Siakago MELC No. 101 of 2018)· [2025] KEELC 3087 (KLR)
Munyi v Njeru & another (Legal Representatie of the Estate of Nephat Gikunju Karinga (Deceased)) (Environment and Land Appeal E032 of 2024) [2025] KEELC 3087 (KLR)
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#What this practically means
#Executive summary
#This ruling of the Environment and Land Court at Embu (K. Bor, J) determined an application dated 24/7/2024 by the Appellant seeking a stay of execution of the judgment delivered on 19/7/2024 by Hon. R Njoki Kahara (PM) in Siakago MELC No. 101 of 2018, pending the hearing and determination of his appeal. The trial court had issued a permanent injunction restraining the Appellant from entering, utilising, occupying or interfering with the suit property, Mbeere/Kirima/1087, which he claimed to have purchased in 2009 from Nephat Gikunju Karinga (deceased) and on which he said he had built houses and cultivated. The 1st Respondent, Joseph Kangangi Gikunju, administrator of the deceased's estate, opposed, denying the Appellant's occupation, developments, and the arguability of the appeal. The court framed a single issue: whether execution of the Magistrate's Court judgment should be stayed pending appeal, applying the Order 42 Rule 6 conditions of no unreasonable delay, substantial loss, and security for costs. Finding the application filed within days of judgment and noting that the Appellant's legal representative had during trial acknowledged structures belonging to him on the land, the court held that substantial loss was demonstrated and the appeal could be rendered nugatory. The application was allowed on condition that the Appellant deposit Kshs. 50,000/= as security for costs in an interest-earning joint account within 30 days. Costs of the application were ordered to abide the outcome of the appeal.
Key legal issues
#01
Whether the conditions for stay of execution under Order 42 Rule 6 were satisfied
Holding
Stay granted: application filed promptly (judgment 19/07/2024, application 30/7/2024), substantial loss demonstrated by evidence of structures on the land, and security fixed at Kshs. 50,000/=.
Reasoning
The court measured the application against the three Order 42 Rule 6 conditions. Delay was absent given the filing dates. Substantial loss was established because during trial the Appellant's legal representative acknowledged structures belonging to him existed on the suit property, so execution would destroy developments and render the appeal nugatory. Security was imposed as a condition.
p. 2
Legal principles established
#- To obtain a stay of execution pending appeal, an applicant must show the application was brought without unreasonable delay, that substantial loss may result unless stay is granted, and that security for costs has been given.
Court orders
#- 1.Application dated 24/7/2024 allowed
- 2.Stay of execution of the judgement issued on 19/7/2024 in Siakago MELC No. 101 of 2018 pending hearing and determination of the appeal
- 3.Appellant to deposit Kshs. 50,000/= as security for costs in an interest earning account in the joint names of the advocates for both parties within 30 days of the date of the ruling
- 4.Costs of the application to abide the outcome of the appeal
- On appeal from
- Magistrate's Court (Siakago), MELC No. 101 of 2018 (Hon. R Njoki Kahara, PM)
- Siakago MELC No. 101 of 2018
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (appellate jurisdiction over the Magistrate's Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Munyi v Njeru & another (Legal Representatie of the Estate of Nephat Gikunju Karinga (Deceased)) (Environment and Land Appeal E032 of 2024) [2025] KEELC 3087 (KLR)", Case Analysis (2025). Not stated in the judgment (application dated 24/7/2024, arising from appeal against Siakago MELC No. 101 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3087/eng@2025-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.