County Government of Vihiga v Tiego (Environment and Land Appeal E012 of 2025) [2025] KEELC 6045 (KLR)
The bottom line
#A Kenyan court paused a demolition order against a county-built boda boda shed, provided Kshs 150,000 is deposited as security within 45 days.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appellant has demonstrated substantial loss to justify stay of execution of the ruling of 12th June 2025
- 2.Whether the application was made without unreasonable delay
- 3.Whether the appellant has offered security for the due performance of the decree
- 4.Whether an applicant who allegedly disobeyed a court order should be granted stay of execution
Key legal issues
#Conditions for grant of stay of execution under Order 42 Rule 6(2)
The court found that the requisite grounds - substantial loss, no unreasonable delay, and security - were demonstrated and allowed the application subject to conditions.
The court applied Order 42 Rule 6(2), noting that stay requires substantial loss, promptness, and security. The appellant argued demolition would waste public resources; the respondent argued damages would suffice. Balancing these, the court found the grounds demonstrated and granted conditional stay, requiring a Kshs 150,000 deposit within 45 days.
Effect of alleged disobedience of a court order on entitlement to stay
The court noted that the crux of the appeal is whether disobedience of the court order was proved before issuance of the demolition order, and did not treat the alleged contempt as a bar to stay.
The respondent opposed stay on the ground that the structure was installed in defiance of the injunction. The applicant contended it had installed the shed before service. The court found this dispute to be the crux of the appeal itself, to be resolved at the hearing, and thus granted conditional stay.
Legal principles established
#- An order of stay of execution is meant to preserve the subject matter or disputed property or the status quo thereof.
Court orders
#- 1.Pending the hearing and determination of the appeal, an order of stay of execution of the ruling dated 12th June 2025 delivered by Hon. Jacquiline Agonda, together with any consequential orders arising therefrom, on condition that the applicant deposits in court Kshs 150,000 as security within 45 days, failing which the stay shall lapse
- 2.Costs of the application to abide the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Trial court (Hon. Jacqueline Agonda)
- Not stated
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Pending the hearing and determination of the appeal herein, an order of stay of execution of the ruling dated 12th June, 2025 delivered by Hon. Jacquiline Agonda, together with any consequential orders arising therefrom is hereby granted
on condition that the applicant deposits in court the sum of Kshs 150,000/= (Kenya shillings one hundred fifty thousand only) being security within 45 days hereof failing which the stay of execution order hereby granted shall lapse.
An order of stay of execution is meant to preserve the subject matter or disputed property or the status quo thereof.
if it is shown that execution would render a proposed appeal nugatory then a stay can properly be granted.
Costs of the application to abide the appeal.
Issues in the judgment
#The judgment does not state the case number, the names of the parties, or the court explicitly; the appellate court and parties must be inferred from context.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Vihiga v Tiego (Environment and Land Appeal E012 of 2025) [2025] KEELC 6045 (KLR)", Case Analysis (2025). Not stated on the face of the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6045/eng@2025-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.