Makokha v Faulu Microfinance Bank & another (Environment and Land Miscellaneous Application E006 of 2025) [2025] KEELC 4552 (KLR)
The bottom line
#A Bungoma court refused to stop the auction of a borrower's land because she filed her application late, filed no appeal, and offered no security.
What this practically means
#Executive summary
#Key legal issues
#Arguability of intended appeal
Not satisfied because no appeal had been filed
The application was brought as a miscellaneous application seeking stay of a ruling dismissing an injunction application. No appeal had been filed. The court held it cannot assess the arguability of an appeal yet to be filed, so the first ground failed.
Undue delay
Delay of one and a half months was unreasonable
The ruling was delivered on 14/01/2025 and the application filed 05/03/2025. Negotiation letters were initiated solely by the Applicant with no corresponding intention by the Respondents to settle, so the delay lacked sufficient explanation.
Substantial loss
Not established
Relying on James Wangalwa & Another v Agnes Naliaka Cheseto, the court held that since no appeal was filed upon which the application was anchored, no substantial loss to be prevented was demonstrated.
Security
Not satisfied
Neither the supporting nor supplementary affidavit contained an undertaking by the Applicant to give security as the court may order for the due performance of the decree or order ultimately binding on her.
Legal principles established
#- The four conditions for stay of execution pending appeal must be met simultaneously
- A court cannot determine the arguability of an appeal that has not yet been filed
- Execution in itself does not amount to substantial loss under Order 42 Rule 6
Court orders
#- 1.The Notice of Motion application dated 5th March 2025 is dismissed
- 2.Costs of the application awarded to the Respondents
- On appeal from
- Chief Magistrate's Court, Bungoma
- Bungoma CMCC E163 of 2024
- Jurisdiction invoked
- Section 16A(2) of the Environment and Land Court Act and Section 79G of the Civil Procedure Act (application under Order 42 Rule 6 CPR)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makokha v Faulu Microfinance Bank & another (Environment and Land Miscellaneous Application E006 of 2025) [2025] KEELC 4552 (KLR)", Case Analysis (2025). Miscellaneous Application dated 5th March 2025 (arising from Bungoma CMCC E163 of 2024 / CM-ELC No. E163 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4552/eng@2025-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.