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ELCDismissedNot stated in the excerpt (consolidated applications; application dated 3/10/2024)· [2025] KEELC 3738 (KLR)
Ethics and Anti-Corruption Commission v Nesco Service Limited & 8 others (Land Case E211 of 2023) [2025] KEELC 3738 (KLR)
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·~10 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#Before the Environment and Land Court at Nairobi was the 1st and 2nd Defendants' application dated 3/10/2024 seeking a stay of proceedings of the entire suit pending the hearing and determination of an intended appeal. The application, supported by an affidavit of Harun Osoro Nyamboki, the 2nd Defendant, followed the court's rulings of 24/9/2024 in which the Plaintiff obtained an interim injunction preserving the suit property (LR No. 209/13557) and the Defendants' application to strike out the suit was dismissed. The Defendants argued their constitutional right of appeal should be protected, that the appeal was arguable, and that concurrent proceedings risked conflicting orders. The Plaintiff opposed, describing the application as a delay tactic and contending that no prejudice would be suffered if the suit proceeded to trial. The 3rd Defendant (National Land Commission) filed a reply without expressly supporting or opposing the application. Justice J. G. Kemei identified a single issue: whether a stay of proceedings pending appeal was warranted. The court restated the law under Section 6 of the Civil Procedure Act and applied the principles in Global Tours & Travels, Ramogi, Kenya Wildlife Service and Gatirau Peter Munya, emphasizing that stay of proceedings is a grave discretionary remedy granted sparingly and only in exceptional circumstances, and that proceedings should continue uninterrupted in the interest of fair trial under Article 50(1). The court held it had only issued interim orders and was functus officio on the interlocutory issues, so the Applicants would suffer no prejudice since appellate orders, if favourable, would take precedence. Public interest favoured expeditious disposal. The application was dismissed with no orders as to costs on 8 May 2025.
Key legal issues
#01
Whether a stay of proceedings should be granted pending the outcome of the intended appeal against rulings of 24/9/2024
Holding
The application was dismissed; stay of proceedings was not warranted as the Applicants failed to demonstrate prejudice or exceptional circumstances.
Reasoning
The court applied the settled principles from Global Tours & Travels, Ramogi and Kenya Wildlife Service: stay of proceedings is a discretionary, grave remedy granted sparingly and only in exceptional circumstances. The general rule is that proceedings should continue uninterrupted, per Article 50(1) and Section 6 of the Civil Procedure Act. Here the court had only issued interim preservation orders and was functus officio on those interlocutory issues; if the appeal succeeds, the appellate orders will take precedence. Public interest favoured expeditious determination under Article 159(2)(b) and Section 1A(1).
p. 5
Legal principles established
#- Stay of proceedings is a grave judicial action that interferes with a litigant's right to conduct litigation; the test for its grant is high and stringent and it should be granted sparingly and only in exceptional circumstances.
- Once a suit is filed, proceedings ought to continue without interruption until determination, anchored in the right to a fair trial under Article 50(1) of the Constitution.
- Where a court has only issued interim orders, an appellate finding in favour of the applicant will take precedence, so no prejudice arises from continuing with the trial.
Court orders
#- 1.The Applicants' application for stay of proceedings is dismissed for lack of merit
- 2.No orders as to costs
- Jurisdiction invoked
- Section 3A of the Civil Procedure Act, Order 42 Rule 6(1) and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ethics and Anti-Corruption Commission v Nesco Service Limited & 8 others (Land Case E211 of 2023) [2025] KEELC 3738 (KLR)", Case Analysis (2025). Not stated in the excerpt (consolidated applications; application dated 3/10/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3738/eng@2025-05-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.