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ELCPartially AllowedNotice of Motion dated 21st May 2025 in the Appellant's appeal from Nakuru BPRT No. E176 of 2023· [2025] KEELC 6201 (KLR)

Naku Modern Feeds Limited v Mzee t/a Shamzi Saloon Barber Shop & SPA (Environment and Land Appeal E064 of 2024) [2025] KEELC 6201 (KLR)

Environment and Land Court
24 September 2025
2,110 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Nakuru court paused the part of a Tribunal order letting a tenant stay in premises she had already vacated, but refused to touch the landlord's contempt conviction.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) determined the Appellant's Notice of Motion dated 21st May 2025 seeking stay of execution of the Ruling and Order in Nakuru BPRT No. E176 of 2023 delivered on 19th July 2024, pending appeal. The Appellant, a landlord, deponed that the Respondent tenant had voluntarily vacated the demised premises on 4th December 2023 before the Tribunal's ruling allowed her to remain, and that a new tenant had since been installed. The Respondent opposed the application, pointing out that the Appellant had already been convicted for contempt of the BPRT ruling, that the appeal on record concerned only the dismissal of a review application rather than the substantive ruling, and that the application was filed some ten months after the ruling with no explanation. The court framed a single issue: whether the threshold for stay of execution under Order 42 Rule 6 of the Civil Procedure Rules was met. On delay, although the application came over nine months after the ruling, the court held the delay not inordinate in the unique circumstances. The court declined to stay the High Court contempt proceedings, holding it had no jurisdiction to sit on appeal over a High Court matter. However, it stayed the limb of the Tribunal's ruling allowing the Respondent to remain in the premises she had voluntarily vacated, pending the appeal, with costs to abide the outcome of the appeal.

Key legal issues

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01

Whether the application was filed without unreasonable delay

Holding

The delay of over nine months from the ruling to the application was not inordinate given the unique circumstances, including the appeal being filed in time and the parties being engaged in contempt proceedings

Reasoning

The ruling was delivered on 19th July 2024 and the application filed on 21st May 2025, over nine months later. However, the Memorandum of Appeal was filed in time and the Respondent had engaged the Appellant in the High Court in contempt proceedings during that period. The court held that delay must be assessed case by case and found the delay not inordinate in the unique circumstances.

p. 5
02

Whether the court can stay the order allowing the Respondent to remain in the demised premises

Holding

Yes - the limb of the ruling allowing the tenant to remain was stayed because the Respondent had voluntarily vacated before the ruling was delivered

Reasoning

The ruling had two limbs: allowing the tenant to remain pending the Reference, and payment of uncontested rent arrears. Since the Respondent admitted vacating the premises before the ruling, the court stayed the first limb pending the appeal, which contests the legality of the Tribunal issuing a ruling after the tenant vacated.

p. 5
03

Whether the court can stay the contempt proceedings and conviction in the High Court

Holding

No - the court lacks jurisdiction to stay the High Court contempt proceedings

Reasoning

Both parties admitted the Respondent filed Nakuru High Court Misc. Application No. E0305 of 2024 and the Appellant was found in contempt. The court held that staying those proceedings would amount to sitting on appeal over a High Court matter; the Appellant must use the proper procedures for setting aside such orders.

p. 5

Legal principles established

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  • What amounts to unreasonable/inordinate delay depends on the circumstances of each case; applicants seeking stay must act expeditiously
  • An ELC hearing an appeal from the Rent Tribunal cannot stay contempt proceedings emanating from the High Court

Court orders

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  1. 1.Stay of the order allowing the Respondent to remain on the demised premises, having voluntarily vacated, pending the hearing and determination of the Appeal
  2. 2.Costs to abide by the outcome of the Appeal

Authorities

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Legislation

  • Civil Procedure RulesOrder 46 Rule 6
  • Civil Procedure RulesOrder 42 Rule 6

Cases cited (20)

  • Ena Investment Limited v Benard Ochau Mose & 2 others
    [2022] eKLR
  • Butt v Rent Restriction Tribunal
  • Total Kenya Limited v Kenya Revenue Authority
    [2013] eKLR
  • Bake "N" Bite [NRB] Limited v Daniel Mutisya Mwalonzi
    Nairobi High Court Civil Appeal No 411 of 2014
  • RWW v EKW
    [2019] eKLR
  • Pamela Awuor Ochieng and Another v Elisha Odari Ogony
    [2021] eKLR
  • Marine v Nampijja & Another
    Civil App No 93 of 1989 [Nairobi]
  • Nacheri v Mwamote
    [Tribunal Case E712 of 20230 [2024] KEBPRT 695 [KLR]
  • Pritam v Ratilal & Another
    [1972] EA
  • Owners of the Motor Vessel "Lillian S" v Caltex Oil [Kenya] Ltd
    [1989] KLR 1
  • Machira T/A Machira & Co Advocates v East African Standard [No 2]
    [2002] 2 KLR 63
  • LAK v COO
    [Civil Appeal E056 of 2023] [2024] KEHC 7968
  • HA v LB
    [2022] eKLR
  • Rex v Kensington Income Tax Commissioners ex parte Princess Edmond de Polignac
    [1917] 1 KB 486, 509
  • Mrao v First American Bank of Kenya Ltd & 2 Others
    [2003] KLR 125
  • Jaber Mohsen Ali & another v Priscillah Boit & another
    [2014]
  • Samwel Kimutai Korir [Suing as Personal and Legal Representative of Estate] of Chelangat Silevia v Nyanchwa Adventist Secondary School & Nyanchwa Adventist College
    [2017] eKLR
  • Utalii Transport Company Ltd & 3 Others v NIC Bank Ltd & Another
    2014 eKLR
  • Teresiah Wairimu v Wanjiku Mwangi
    [2018] eKLR
  • Jane Jeptoo Sawe v Estate of Sylvester Kimagut Sang Represented by Jennifer Chebet Sang
    Civil App No.49 of 2015
On appeal from
Business Premises Rent Tribunal (BPRT), Nakuru
Nakuru BPRT Case No. E176 of 2023
Jurisdiction invoked
Appeals from the Rent Tribunals lie in the Environment and Land Court; stay of execution sought under Order 42 Rule 6 of the Civil Procedure Rules

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, "Naku Modern Feeds Limited v Mzee t/a Shamzi Saloon Barber Shop & SPA (Environment and Land Appeal E064 of 2024) [2025] KEELC 6201 (KLR)", Case Analysis (2025). Notice of Motion dated 21st May 2025 in the Appellant's appeal from Nakuru BPRT No. E176 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6201/eng@2025-09-24

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