Kamoro v Waweru (Environment and Land Appeal E010 of 2023) [2025] KEELC 4813 (KLR)
The bottom line
#A Kenyan court threw out a landowner's bid to pause enforcement because his lawyer improperly swore his affidavit and he waited 15 months too long.
What this practically means
#Executive summary
#Key legal issues
#Validity of in-house commissioned affidavit
The supporting affidavit commissioned by an advocate associated with the applicant's law firm was invalid and was expunged, leaving the application without evidential anchorage
The court found Mr. Shafin Kaba, who commissioned the affidavit, was a partner, associate or otherwise connected to M/s M.D Maranya & Co. Advocates acting for the applicant and had canvassed the application. The proviso to section 4 of the Oaths and Statutory Declarations Act prohibits a commissioner for oaths from acting in matters in which he is the advocate or is interested. Such an affidavit is illegal and void.
Whether a negative decree can be stayed
A negative decree arising from dismissal of an appeal cannot attract a stay of execution
The court's judgment of 18th March 2024 dismissed the applicant's appeal, producing no command to do or abstain from anything. The subordinate court had granted only a permanent injunction, not an eviction order, and such a decree cannot mutate into an eviction order warranting stay. The application was therefore mounted in a vacuum.
Inordinate delay and laches
The application, filed over 15 months after the judgment, was grossly delayed, unexplained and defeated by laches
The judgment was delivered on 18th March 2024 but the application was filed on 10th June 2025, over 15 months later. The applicant offered no explanation for the delay, not even a single paragraph. Equity aids the vigilant, not the indolent, and the delay was intentional and deliberate.
Stay of execution for costs
Execution for recovery of costs cannot be stayed absent peculiar and exceptional circumstances
Costs are consequential orders that follow the event under section 27 of the Civil Procedure Act. Being monetary in nature, their payment cannot without more occasion substantial loss, and execution is a lawful process under Order 22 of the Civil Procedure Rules which cannot be said to prejudice the adverse party.
Legal principles established
#- In-house commissioning of affidavits by an advocate connected with the drafting law firm contravenes section 4 of the Oaths and Statutory Declarations Act and renders the affidavit invalid
- A negative decree from the dismissal of an appeal cannot attract an order of stay of execution
- Costs being monetary in nature, their payment does not occasion substantial loss and execution for costs is not stayable absent exceptional circumstances
Court orders
#- 1.The supporting affidavit sworn on 10th June 2025 and commissioned by Mr. Shafin Kaba advocate is expunged from the record
- 2.The Application dated 10th June 2025 be and is hereby Dismissed
- 3.Costs of the Application be and are hereby awarded to the Respondents
- 4.Costs in terms of clause (ii) shall be agreed upon; and in default be taxed by the Deputy Registrar
- Jurisdiction invoked
- Sections 1A, 1B and 3B of the Civil Procedure Act; Order 42 rules 6 and Order 51 rules 1 & 2 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kathinja v Northern Galaxy Hotel Limited & another (Environment and Land Case E002 of 2026) [2026] KEELC 4402 (KLR)[2026] KEELC 4402 (KLR)9 Jul 2026
Cite this brief
#Cite this brief
Caselaw, "Kamoro v Waweru (Environment and Land Appeal E010 of 2023) [2025] KEELC 4813 (KLR)", Case Analysis (2025). Application dated 10th June 2025 (arising from an appeal decided 18th March 2024; associated Isiolo CMELC No. 96 of 2018 and Nyeri Civil Appeal No. E077 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4813/eng@2025-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.