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ELCPartially AllowedMurang'a ELC No. E055 of 2022 (notice of motion dated 29-11-2024)· [2025] KEELC 3571 (KLR)

Rural Electrification and Renewable Energy Corporation v Mwangi (Environment and Land Appeal E048 of 2024) [2025] KEELC 3571 (KLR)

Environment and Land Court
5 May 2025
1,000 words in judgment
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The bottom line

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A Kenyan court let a state corporation appeal a Kshs. 3.25 million trespass award late, but refused to pause payment of the money judgment.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Murang'a (M.N. Gicheru, J) determines a notice of motion dated 29-11-2024 by the Rural Electrification and Renewable Energy Corporation, the applicant against Watson Mutahi Mwangi. The motion, anchored on Article 50 of the Constitution, Orders 42 rule 6 and 50 rule 6 of the Civil Procedure Rules and Section 79G of the Civil Procedure Act, sought stay of execution of, and enlargement of time to appeal against, the judgment of Hon. Susan Mwangi delivered on 10-7-2024 in the magistrate's court, which awarded the respondent general damages of Kshs. 1 million and special damages of Kshs. 2.25 million for trespass. The applicant explained the four-month delay by counsel's illness; the respondent opposed, citing the advocate's capacity to swear the affidavit, inordinate delay, absence of a draft memorandum, and failure to satisfy Order 42 rule 6 conditions. The court granted extension of time, accepting illness as sufficient reason, and allowed 14 days to file the intended appeal. However, stay of execution was refused: the money decree was refundable given the respondent's means, the stay application was itself delayed (the parameters differing from those for extension of time), and not all three mandatory Order 42 rule 6 conditions were met. Stay was dismissed with costs to the respondent.

Key legal issues

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01

Extension of time to file appeal under Section 79G

Holding

Extension granted despite four months' delay because counsel's illness constituted sufficient reason.

Reasoning

The court weighed the four-month delay against the explanation that the advocate on record was taken ill and unable to file in time. Finding the explanation persuasive, the court exercised its discretion to enlarge time, but noted there was no draft memorandum on record and therefore gave the Applicant 14 days to file the intended appeal.

p. 2
02

Stay of execution under Order 42 rule 6

Holding

Refused; substantial loss not demonstrated and mandatory conditions not all satisfied.

Reasoning

The decretal sum (Kshs. 1 million general damages and Kshs. 2.25 million special damages for trespass) was a money decree capable of refund, the Respondent being a landowner with property. There was also delay in bringing the stay application, and although delay was excused for the extension of time, the parameters for stay differ. Since substantial loss and timeliness were not established, two of the three mandatory conditions failed and stay could not issue.

p. 2

Legal principles established

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  • Under Order 42 rule 6 all three conditions for stay of execution must exist together; the absence of one is fatal.
  • A money decree is not normally stayed where the respondent is able to refund the decretal sum.

Court orders

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  1. 1.Applicant allowed 14 days within which to file the intended appeal.
  2. 2.Application for stay of execution of the decree in Murang'a CMCL ELC Case No. E055/2024 is dismissed.
  3. 3.Costs to the Respondent.
On appeal from
Murang'a Chief Magistrate's Court (CMCL ELC)
E055/2024
Jurisdiction invoked
Article 50 of the Constitution, Orders 42 rule 6 and 50 rule 6 of the Civil Procedure Rules and Section 79G of the Civil Procedure Act

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, "Rural Electrification and Renewable Energy Corporation v Mwangi (Environment and Land Appeal E048 of 2024) [2025] KEELC 3571 (KLR)", Case Analysis (2025). Murang'a ELC No. E055 of 2022 (notice of motion dated 29-11-2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3571/eng@2025-05-05

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