Kuria & another v Marshall Holdings Ltd (Environment and Land Miscellaneous Case E024 of 2024) [2025] KEELC 5265 (KLR)

The court applied the extension-of-time principles from County Executive of Kisumu, noting the whole period of delay must be explained. Here the application was filed only nine days after expiry of the statutory period, and the previous advocates' cessation of acting explained the Applicants' lack of awareness of the judgment date. On that basis the court exercised its discretion in the Applicants' favour and granted 21 days to file the appeal.

Applying Order 42 Rule 6 and the Patricia Njeri and Giella principles, the court accepted that the draft memorandum disclosed an arguable, non-frivolous appeal constituting a prima facie case. However, because the suit property had already been transferred to the Respondent in execution, the Applicants failed to show irreparable injury not compensable in damages, so the second Giella limb failed and the balance of convenience need not be considered.

Under Order 42 Rule 6(2), stay requires satisfaction that substantial loss will result, that the application was made without unreasonable delay, and that security for due performance of the decree has been given. By the Applicants' own admission the property had already been transferred, leaving only the Kshs 300,000 damages award executable, and no security was offered. The threshold was therefore not met.