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ELCPartially AllowedMurang'a MCELC Appeal (against ruling of Murang'a MCELC Case No. E011/2022); notice of motion dated 22-10-2024· [2025] KEELC 5442 (KLR)

Njoroge & another v Muinami & 3 others (Environment and Land Appeal E042 of 2024) [2025] KEELC 5442 (KLR)

Environment and Land Court
21 July 2025
843 words in judgment
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The bottom line

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Kenya's Environment and Land Court paused enforcement of a land ruling because the respondent planned to dissolve the trust and possibly sell the land before the appeal could be heard.

What this practically means

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Executive summary

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This is a ruling by M.N. Gicheru J of the Environment and Land Court at Murang'a on a notice of motion dated 22-10-2024 by the Appellant, who sought stay of execution of the ruling of 18-9-2024 dismissing his application for review, together with the consequential order and proceedings in Murang'a MCELC Case No. E011/2022, pending the appeal. The underlying suit concerned land parcel No. Loc. 20/Mirira/4800, which the trial magistrate found the Appellant held in trust for the 1st Respondent and one John Brian Muinami Maina; the land was registered in the three names on 13-4-2023 in execution of the judgment of 7-12-2022. The Appellant argued the review ruling dispossessed him and his family of inherited family land, that paternity of the 1st Respondent's child remained contested, and that dissolution of the trust would alienate the land and render the appeal nugatory. The 1st Respondent opposed, noting the land was already registered in joint names, the review was filed after over a year and dismissed, and that she intended to dissolve the trust to enjoy the fruits of her judgment. The court declined an in-depth analysis since the appeal was pending before it, but found merit on a single ground: the 1st Respondent's admission that she desired to dissolve the trust, which risked sale of the land to third parties and rendering the appeal nugatory. The motion was allowed in terms of prayer 3, with costs in the cause.

Key legal issues

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01

Whether stay of execution pending appeal should be granted

Holding

Stay granted because the 1st Respondent admitted an intention to dissolve the trust, which could lead to alienation of the suit land and render the appeal nugatory

Reasoning

The court considered the motion, affidavits, annexures and submissions. It declined an in-depth analysis because the appeal was pending. It singled out the 1st Respondent's own admission in her replying affidavit that she desired to dissolve the trust and had instructed her advocates to do so by letter dated 19-9-2024. Dissolution before the appeal was heard risked sale to third parties, making the appeal nugatory. On that single ground the motion was allowed in terms of prayer 3.

p. 2

Legal principles established

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  • An applicant for stay of execution need only satisfy the threshold on one sustainable ground; where the respondent's own admission shows she intends to dissolve the trust and possibly alienate the suit land, the pending appeal would be rendered nugatory and stay will issue

Court orders

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  1. 1.Stay of execution of the ruling, consequential order and proceedings of Murang'a MCELC Case No. E011/2022 pending the hearing and determination of the appeal (prayer 3 of the motion allowed)
  2. 2.Costs in the cause
On appeal from
Magistrates' Court (Murang'a MCELC Case No. E011/2022)
E011/2022
Jurisdiction invoked
Sections 1A, 1B, 3A and 63 of the Civil Procedure Act and Order 42 of the Civil Procedure Rules, 2010

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, "Njoroge & another v Muinami & 3 others (Environment and Land Appeal E042 of 2024) [2025] KEELC 5442 (KLR)", Case Analysis (2025). Murang'a MCELC Appeal (against ruling of Murang'a MCELC Case No. E011/2022); notice of motion dated 22-10-2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5442/eng@2025-07-21

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