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ELCAllowedELC Appeal No E010 of 2025· [2025] KEELC 6176 (KLR)

Kabbis v Luande (Sued as a Legal Representative of Sipora Taaka Luande) (Environment and Land Appeal E010 of 2025) [2025] KEELC 6176 (KLR)

Environment and Land Court
24 September 2025
BOBoaz N. Olao
1,861 words in judgment
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The bottom line

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Kenya's Environment and Land Court paused a Busia land case on appeal, ruling that parties deserve their day in court, though the appellant must pay Kshs.10,000 thrown away costs.

What this practically means

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Executive summary

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George Wesonga Kabbis (Appellant) moved the Environment and Land Court at Busia by Notice of Motion dated 24th June 2025 seeking a stay of proceedings in Port Victoria ELC Case No E008 of 2024 pending the hearing of ELC Appeal No E010 of 2025. The appeal challenges a ruling of Hon Anne Karimi SRM dated 5th June 2025 dismissing his application to set aside proceedings conducted in his counsel's absence. Counsel had opted to attend the virtual hearing of 25th February 2025 but could not log in; by the time the Appellant returned to court, the Respondent had testified and closed his case. The Respondent opposed, arguing the excuse about technical issues was belated and unexplained, that the application argued the appeal prematurely, and that no prejudice would be suffered. Olao J framed a single issue: whether the Appellant had made out a case for stay of proceedings. Applying the Global Tours & Travels discretion and Halsbury's guidance that stays be granted sparingly, the court held that the Appellant's physical presence at the hearing manifested his interest in defending the suit and prosecuting his counter-claim; denying him a hearing would be a travesty of justice. The delay from 5th to 24th June 2025 was not inordinate, and the suit was only a year old. Invoking Sebei District Administration v Gasyali and related authority that denying a hearing should be a court's last resort, the court allowed the Motion conditionally: thrown away costs of Kshs.10,000 payable to the Respondent within 7 days, in default execution to issue. The stay preserves the appeal against the trial court's ruling, which might otherwise be rendered nugatory.

Key legal issues

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01

Whether stay of proceedings pending appeal should issue where the applicant's counsel failed to attend a virtual hearing

Holding

Stay granted; the applicant was present in court and demonstrated interest in defending the suit and prosecuting his counter-claim, and denying him a hearing would be a travesty of justice

Reasoning

The court applied the Global Tours & Travels discretion: it weighed the arguability of the intended appeal, absence of inordinate delay (ruling 5 June 2025; application filed 24 June 2025), the youth of the suit, and the need to afford a hearing. Counsel's virtual appearance was at own risk, but technological challenges are common in Busia; the appellant was physically present, showing interest. Conditional on thrown away costs.

p. 3

Legal principles established

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  • Whether to grant a stay of proceedings is a matter of judicial discretion to be exercised in the interest of justice, weighing expeditious disposal, arguability of the appeal, judicial time and expedition of the application
  • A stay of proceedings is a grave interruption of a party's right to conduct litigation and should be exercised sparingly and only in exceptional cases
  • To deny a party a hearing should be the last resort of a Court

Court orders

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  1. 1.The Motion is allowed
  2. 2.The Applicant shall within 7 days of this ruling pay to the Respondent thrown away costs assessed at Kshs.10,000 and in default, execution to issue

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159(2)(b)

Cases cited (6)

  • Global Tours & Travels Ltd Nbi Winding Up Case No 43 of 2000
  • Global Tours & Travels Ltd v Five Continents Travels Ltd [2015] eKLR
    CA Civil Appeal No 327 of 2003 Nairobi
  • Justice Lucy Njoki Waithaka v Tribunal to Investigate the Conduct of Hon Lady Justice Lucy Njoki Waithaka & JSC & KMJA (Interested Party) [2020] KECA 571 (KLR)
    CA Civil Application No 8 of 2020
  • Sebei District Administration v Gasyali [1968] EA 360
  • Jamnadas Sodha v Gordandas Hemraj [1952] 7 ULR 7
  • Pithon Waweru Maina v Thuka Mugiria [1983] KECA 75 (KLR)
    CA Civil Appeal No 27 of 1982
On appeal from
Port Victoria Court (Senior Resident Magistrate)
Port Victoria ELC Case No E008 of 2024
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts (memorandum of appeal dated 11th June 2025 against the trial magistrate's ruling)

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, "Kabbis v Luande (Sued as a Legal Representative of Sipora Taaka Luande) (Environment and Land Appeal E010 of 2025) [2025] KEELC 6176 (KLR)", Case Analysis (2025). ELC Appeal No E010 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6176/eng@2025-09-24

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