Miano & 2 others v Janet Kimathi Mbaka t/a Branden Junior School (Environment and Land Appeal E003 of 2025) (Environment and Land) [2025] KEELC 4979 (KLR)
The bottom line
#A Kenyan court paused enforcement of a Kshs 4.17 million rent arrears judgment against tenants, but only after they deposit the full amount in court within 45 days.
What this practically means
#Executive summary
#Key legal issues
#Whether substantial loss was demonstrated
The Applicants demonstrated substantial loss; they have an arguable appeal which would be rendered nugatory if the decree is executed.
The court perused the draft Memorandum of Appeal, found it arguable, and accepted that execution of the Tribunal's decree of Kshs. 4,142,188/= in rent arrears plus costs would render the appeal nugatory, satisfying the first condition articulated in Kenya Shell Ltd v Benjamin Karuga Kibiru.
Whether the application was made without unreasonable delay
The application was filed without undue delay, the judgment having been delivered on 30th January 2025 and the application filed on 10th March 2025.
The court tracked the chronology: judgment entered 30th January 2025, leave to appeal granted 10th February 2025, and the Memorandum of Appeal filed simultaneously with the application on 10th March 2025, finding the timeline compliant.
Whether security for due performance should be furnished
Security is a mandatory condition; the court granted stay conditional on deposit of the full decretal amount of Kshs. 4,172,188/= in court within 45 days.
Order 42 Rule 6(2)(b) mandates security. The Applicants sought unconditional stay while the Respondent proposed half paid to her and half deposited in court. Exercising discretion and balancing the parties' interests, the court directed deposit of the whole sum in court, with stay lapsing on default.
Legal principles established
#- Security under Order 42 guarantees due performance of the decree, not punishment of the judgment debtor.
- Stay is discretionary and must be exercised to preserve an appeal from being rendered nugatory, balancing both parties' interests.
Court orders
#- 1.Stay of the execution of the Judgement/Decree in Nakuru BPRT Case Number E132 of 2024 granted pending hearing and determination of the Applicant's intended Appeal.
- 2.The Appellants/Applicants to deposit Kshs. 4,172,188/= being the rent arrears and the assessed Landlord costs in court as security for due performance of the decree within 45 days from the date of the Ruling.
- 3.The Appellants/Applicants to compile, file and serve a record of appeal upon the Respondent within 45 days from the date hereof.
- 4.In the event of default of any of the aforementioned conditions, the stay shall lapse and the Respondent shall be at liberty to execute without further reference to the court.
- 5.The costs of the application to abide the outcome of the appeal.
- On appeal from
- Nakuru Business Premises Rent Tribunal
- Nakuru BPRT Case Number E132 of 2024
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules; Section 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Miano & 2 others v Janet Kimathi Mbaka t/a Branden Junior School (Environment and Land Appeal E003 of 2025) (Environment and Land) [2025] KEELC 4979 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Motion dated 10th March 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4979/eng@2025-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.