Sammy v Ndambuki & 2 others (Environment and Land Appeal E009 of 2025) [2025] KEELC 5644 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that appealing a review ruling needs no court permission, and paused the case while the appeal proceeds.
What this practically means
#Executive summary
#Key legal issues
#Whether leave was required to appeal against a review ruling
No leave was required; the impugned ruling was a review under Order 45 Rule (3), which is among the orders appealable as of right under Order 43 Rule (1).
The court noted that Order 43 Rule (1) lists orders appealable as of right, including orders arising under Order 45 Rule (3) on review. Since the ruling of 24th April, 2025 was a review ruling, the Applicant was at liberty to appeal without seeking leave. The Respondent's competency objection therefore failed.
Whether the threshold for stay of proceedings was met
Applying the Global Tours & Travel Ltd criteria, the court found the application merited stay of proceedings.
The court adopted the Ringera J criteria in Global Tours & Travel Ltd: interest of justice, expeditious disposal, prima facie arguability (not probability of success) of the intended appeal, judicial time, and expeditious bringing of the application. Examining the review application and both rulings, the court found this a proper case for stay, the appeal raising a jurisdictional challenge to the magistrate reviewing his own decision.
Whether the supporting affidavit sworn by an advocate on contested matters was defective
No contested facts were raised; the affidavit touched on points of law, and the objection was raised only in submissions, not in the grounds of opposition.
The Respondent argued the advocate should not have sworn the affidavit because the issues were contested. The court found the affidavit dealt only with points of law and that the issue was not raised in the grounds of opposition dated 18th July, 2025, but only during argument, so it could not defeat the application.
Legal principles established
#- An appeal from a review ruling under Order 45 Rule (3) of the Civil Procedure Rules lies as of right and does not require leave.
- Stay of proceedings pending appeal is a matter of judicial discretion exercised in the interest of justice, weighing expeditious disposal, arguability of the appeal, judicial time and expeditious bringing of the application.
Court orders
#- 1.Stay of the proceedings in Makueni MCELC No. E015 of 2024 pending the hearing and determination of the application inter partes (prayer 2)
- 2.Stay of any further proceedings pending the hearing and determination of the Appellant's appeal against the ruling delivered on 24th April, 2025 (prayer 3)
- 3.Costs of the application provided for (prayer 4)
- On appeal from
- Magistrates' Court (Makueni)
- Makueni MCELC No. E015 of 2024: Daniel John Kato Ndambuki vs Family Bank Limited, Catherine Nthenya Sammy and Compliance Auctioneers
- Jurisdiction invoked
- Appellate jurisdiction over appeals from the trial court under Order 43 Rule (1) and Order 45 Rule (3) of the Civil Procedure Rules; motion under the Civil Procedure Rules for stay of proceedings pending appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sammy v Ndambuki & 2 others (Environment and Land Appeal E009 of 2025) [2025] KEELC 5644 (KLR)", Case Analysis (2025). Makueni MCELC Appeal (Notice of Motion dated 27th May, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5644/eng@2025-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.