Cherono v Kahama (Environment and Land Appeal E191 of 2024) [2025] KEELC 4321 (KLR)
The bottom line
#A Nairobi court allowed a stay of execution but only on strict conditions: deposit Kshs 800,000 security and file the appeal within 30 days, or the protection lapses automatically.
What this practically means
#Executive summary
#Key legal issues
#Whether the application was made without unreasonable delay
A 30-day delay in filing the application was not inordinate
Judgment was delivered on 24/10/24 and the application filed on 25/11/24, a period of 30 days. The court found this delay not inordinate, satisfying the second condition under Order 42 Rule 6(2).
Whether the applicant demonstrated substantial loss
No substantial loss was established
The applicant's complaint was that he was held responsible for delay in completing a land transaction caused by the lengthy digitization process at the Land Registry, processes beyond his ability or capacity. The court, however, found this did not establish substantial loss as understood in the authorities.
Whether the appeal is arguable
The appeal was found not to be idle/arguable
The court perused the memorandum of appeal and noted grounds including an allegation that the trial court failed to consider the evidence of one party. It held the appeal could not be termed idle, supporting the exercise of discretion to grant a conditional stay.
Balancing the parties' rights and costs
Stay granted on terms; costs to the applicant but abiding the appeal
The court invoked its discretion to allow the application but on conditions - security of not less than Kshs 800,000/- and filing of the record of appeal within 30 days - failing which the stay lapses automatically.
Legal principles established
#- Stay of execution under Order 42 Rule 6 requires substantial loss, application without unreasonable delay, and security for due performance of the decree
- The court must balance the successful party's right to enjoy the fruits of judgment against the appellant's right to have the appeal heard on merits
Court orders
#- 1.The applicant shall within 15 days from the date of this ruling, give such security as shall be approved by the court but in any case, not less than Kshs 800,000/- for the due performance of the decree appealed from, deposited in a joint interest earning account in the names of the advocates of both parties or in court
- 2.The applicant is directed to file the Record of Appeal at least within the next 30 days from the date of the ruling
- 3.In default of either of the above the orders granted shall automatically lapse
- 4.The costs shall be borne by the applicant but shall abide the determination of the appeal
- On appeal from
- trial court (not named)
- not stated
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cherono v Kahama (Environment and Land Appeal E191 of 2024) [2025] KEELC 4321 (KLR)", Case Analysis (2025). Environment and Land Appeal E191 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4321/eng@2025-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.