Murira & 26 others v China Communications Construction Company Limited (Environment and Land Case 2 of 2020) [2025] KEELC 5749 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Threshold for stay of execution pending appeal under Order 42 Rule 6(2)
The application was merited, filed without undue delay, and stay was granted conditionally on a 50% deposit into a joint interest-earning account
The court applied Order 42 Rule 6(2) conditions as articulated in Halai v Thornton & Turpin and Butt v Rent Restriction Tribunal, balancing the Defendant's appellate right against the Plaintiffs' entitlement to enjoy the fruits of judgment. The application was filed without undue delay; substantial loss was addressed through a 50% deposit as security, failing which the stay lapses automatically.
Stay of taxation proceedings
Refused as overtaken by events since a decision had already been rendered on the Party and Party Bill of Costs
Because the court had already rendered a decision on the Party and Party Bill of Costs, there was nothing left to stay in the taxation proceedings; the prayer had been rendered moot by intervening events.
Legal principles established
#- An applicant for stay of execution must establish sufficient cause, substantial loss, absence of undue delay, and furnish security; the court's discretion should be exercised so as not to render a successful appeal nugatory.
Court orders
#- 1.Conditional stay of execution of the judgment delivered on 10/2/2025 and consequential orders/decree pending appeal, on condition that the Defendant deposits 50% of the decretal amount in an interest-earning account jointly held by the Plaintiffs' and Defendant's Counsel within 45 days, failing which the stay lapses automatically and the Plaintiffs may execute
- 2.Refusal of stay of taxation proceedings as overtaken by events
- 3.Each party to bear its own costs of the Application
- Jurisdiction invoked
- Order 42 Rule 6(1) and (2) of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murira & 26 others v China Communications Construction Company Limited (Environment and Land Case 2 of 2020) [2025] KEELC 5749 (KLR)", Case Analysis (2025). Notice of Motion dated 16th April, 2025 (in suit with judgment delivered 10/2/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5749/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.