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ELCAllowedMilimani Environment and Land Court Civil Appeal No. E038 of 2025· [2025] KEELC 4523 (KLR)
Emmanuel Gichira c/o International Christian Assembly v Githatu (Environment and Land Appeal E038 of 2025) [2025] KEELC 4523 (KLR)
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·~8 min to read original · ~4 min briefThe bottom line
#A Kenyan court paused a landlord-tenant trial because an appeal questioning the plaintiff's right to sue needed to be heard first.
What this practically means
#Executive summary
#This is a ruling of the Environment and Land Court at Milimani in Civil Appeal No. E038 of 2025, in which the Appellant sought a stay of proceedings in Milimani CMELC No. E199 of 2023 pending the hearing of the appeal against a ruling delivered on 30/01/2025 by Hon. Chief Magistrate Pamela Achieng'. The impugned ruling dealt with an application seeking, among other things, a declaration that the plaintiff lacked locus standi and that the suit was sub judice, as well as joinder of parties. The Appellant argued that the appeal was arguable and would be rendered nugatory if the lower court suit - scheduled for hearing on 18/6/25 - proceeded. The Respondent opposed, describing the application as a delay tactic and maintaining that the ruling was sound, that he owned Plot No. 162 on LR No. 13166 leased to the Appellant, and that the suit sought rent arrears and eviction for breach of a Lease Agreement dated 22/11/2014. Framing the sole issue as whether a stay should issue, the court restated the law under Section 6 of the Civil Procedure Act and Order 42 Rule 6(1), and the principles from Global Tours & Travels, Ramogi and Kenya Wildlife Service, stressing that stay of proceedings is a grave interruption of a litigant's right to conduct litigation and should be granted sparingly. However, because the appeal attacked the lower court's jurisdiction through the locus standi question, and because jurisdiction can be raised at any time, the court found the appeal would be prejudiced if trial proceeded before joinder was resolved. The application was allowed: proceedings in CMELC No. E199 of 2023 were stayed pending the appeal; the Appellant was granted 45 days to file the Record of Appeal; and costs were made costs in the cause.
Key legal issues
#01
Whether to grant a stay of proceedings in the lower court pending hearing of the appeal against the ruling on joinder/locus standi.
Holding
Stay granted because the appeal challenges the lower court's jurisdiction via locus standi, and proceeding to trial could render the appeal nugatory and produce conflicting orders.
Reasoning
The court applied the settled principles for stay of proceedings (Global Tours & Travels; Ramogi) requiring a pending appeal, arguable grounds, and nugatory risk. It found the appeal raises the question whether the plaintiff had locus standi, which goes to jurisdiction. Allowing trial to proceed on the merits before the joinder issue was determined would prejudice the Appellant and waste judicial time, so stay was merited.
p. 4
Legal principles established
#- Stay of proceedings is a discretionary remedy to be exercised sparingly and only in exceptional circumstances, weighing the interest of justice.
- Jurisdiction is everything and can be raised at any time by any party or the court on its own motion.
Court orders
#- 1.There be a stay of proceedings in Milimani CMELC No. E199 of 2023 pending hearing of this appeal.
- 2.The Appellant is granted 45 days from the date of this Ruling to file the Record of Appeal.
- 3.Costs of this application shall be in the cause.
- On appeal from
- Chief Magistrate's Court, Milimani (CMELC)
- Milimani CMELC No. E199 of 2023
- Jurisdiction invoked
- Sections 1A, 3A and 63(e) of the Civil Procedure Act, Cap. 21; Order 42 Rule 6(1) and Order 51 Rule 1 of the Civil Procedure Rules; Section 6 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Emmanuel Gichira c/o International Christian Assembly v Githatu (Environment and Land Appeal E038 of 2025) [2025] KEELC 4523 (KLR)", Case Analysis (2025). Milimani Environment and Land Court Civil Appeal No. E038 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4523/eng@2025-04-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.