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ELCDismissedNot stated in the judgment text (interlocutory ruling on Notice of Motion dated 28th February, 2023)· [2025] KEELC 4936 (KLR)

Kisele & another v Mumo (Environment & Land Miscellaneous Case E005 of 2023) [2025] KEELC 4936 (KLR)

High Court of Kenya (Makueni)
3 July 2025
EOE. O. Obaga
1,031 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court in Makueni refused to pause a money decree or court proceedings because the applicants waited five months and showed no harm they would suffer.

What this practically means

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Executive summary

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This ruling by E. O. Obaga J of the High Court, Makueni, dated 3rd July, 2025, determines a Notice of Motion dated 28th February, 2023 by the Applicants, who had appealed against a judgment delivered on 7th September, 2022 in Makueni MCCC No. E061 of 2021 (Rebbecah Nthenya Mumo v Manson Musyoka Kisele & Another) via Makueni Civil Appeal No. E056 of 2022. They sought stay of proceedings in the lower court and stay of execution of the decree issued on 2nd November, 2022, contending the Respondent was trespassing on land parcel 401 Kyamuoso Adjudication Section and had filed contempt proceedings to pressure them and delay their appeal. The Respondent opposed through a replying affidavit and preliminary objection, arguing the application should have been filed in the appeal and was designed to stall contempt proceedings. The court framed two issues: stay of proceedings and stay of execution. On the first, it held judgment had been delivered and only execution proceedings remained; the contempt application might already have been determined, so a stay would be in vain. On the second, it found inordinate and unexplained delay of almost five months from judgment, no annexed copy of the judgment showing orders capable of stay, and no demonstrated substantial loss. The application was dismissed with costs to the Respondent. The Respondent never filed submissions despite directions of 9th October, 2023.

Key legal issues

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01

Whether to stay proceedings in the lower court

Holding

Refused. Judgment had been delivered on 7th September, 2022 and no further substantive proceedings were expected; the contempt application may have been disposed of already, making any stay superfluous.

Reasoning

The court noted judgment had been delivered and only execution or contempt proceedings could remain. Since a ruling on contempt was scheduled and may already have been delivered, staying proceedings would serve no purpose.

p. 3
02

Whether to grant stay of execution pending appeal

Holding

Refused. The application was filed almost five months after judgment without explanation, no copy of the judgment was annexed, and substantial loss was not demonstrated.

Reasoning

Delay of almost five months from the judgment of 7th September, 2022 was inordinate and unexplained. Without the impugned judgment the court could not identify orders capable of stay, and substantial loss was not established.

p. 3

Legal principles established

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  • An application for stay of execution must be made without inordinate and unexplained delay
  • An applicant for stay of execution must demonstrate the substantial loss they will suffer if stay is not granted
  • Execution proceedings can only be stayed through an application for stay of execution, not stay of proceedings

Court orders

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  1. 1.The Notice of Motion dated 28th February, 2023 is dismissed with costs to the Respondent
Jurisdiction invoked
Inherent jurisdiction to grant stay of proceedings and stay of execution pending appeal (application for stay pending Makueni Civil Appeal No. E056 of 2022)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kisele & another v Mumo (Environment & Land Miscellaneous Case E005 of 2023) [2025] KEELC 4936 (KLR)", Case Analysis (2025). Not stated in the judgment text (interlocutory ruling on Notice of Motion dated 28th February, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4936/eng@2025-07-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.