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ELCDismissedNot stated in the judgment as supplied· [2025] KEELC 6721 (KLR)

Langat v Trimborn Agricultural Engineering Limited & 3 others (Environment and Land Case E025 of 2022) [2025] KEELC 6721 (KLR)

Environment and Land Court
3 October 2025
1,969 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru court refused to undo a Kshs 2 million contempt fine, ruling that Maranga Group couldn't seek review after already appealing.

What this practically means

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Executive summary

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Maranga Group Ltd, the 2nd defendant, applied by notice dated 24th April 2025 seeking: (i) stay of execution of the ruling and orders of 8th April 2025, by which the court found it in contempt of the status quo order of 3rd July 2023 and fined it Kshs 2,000,000; (ii) review and setting aside of that ruling; (iii) leave to respond to the contempt application out of time and a fresh hearing on the merits; and (iv) definition of the status quo contemplated in the ruling of 3rd July 2023. The applicant argued it was condemned unheard contrary to Article 50 due to its former counsel's inaction, that the status quo order was ambiguous, and that the forgery allegations underpinning the contempt finding were unproven. The respondent opposed, contending that the applicant had filed an appeal against the ruling and so could not seek review; that it was represented throughout the contempt application, whose counsel took the ruling date without filing a response; that the status quo was a clear freeze on all activities on the suit premises which the applicant violated by obtaining titles and leasing the parcels to third parties who erected buildings, businesses and churches; and that the applicant had neither complied with nor purged the contempt nor offered security for due performance. The court held that having lodged an appeal in the Court of Appeal, it lacked jurisdiction to review its own decision, as parties must elect between appeal and review under Section 80 of the Civil Procedure Act and Order 45 Rule 1. No new matter, error on the face of the record or sufficient reason for review was demonstrated, and blame was not assignable to counsel where the party's advocate took the ruling date. The stay threshold was likewise not met. The entire application was dismissed with costs.

Key legal issues

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01

Jurisdiction to review where an appeal has been preferred

Holding

The court lacks jurisdiction to review its decision once an appeal has been lodged in the Court of Appeal.

Reasoning

Section 80 of the Civil Procedure Act permits review by the court that passed the decree or order only where no appeal has been preferred. Since the applicant filed a notice of appeal against the 8th April 2025 ruling, review would interfere with the appellate process, and the applicant must elect between the two remedies.

p. 4
02

Threshold for review under Order 45 Rule 1

Holding

The applicant demonstrated no new and important matter, no error or mistake apparent on the face of the record, nor sufficient reason for counsel's failure to defend the contempt application.

Reasoning

The court found that the applicant was given an opportunity to be heard, appeared through counsel who took the ruling date, and therefore could not blame counsel for choosing not to oppose the contempt application. No sufficient reason for review was disclosed.

p. 4
03

Stay of execution

Holding

The applicant failed to satisfy the legal threshold for grant of stay of execution.

Reasoning

The respondent contended, and the court found, that the applicant had not met the stay conditions, including security for due performance of the order dated 8th April 2025, and had shown disdain for court orders by failing to comply with the fine and purge orders.

p. 3

Legal principles established

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  • A party who has preferred an appeal cannot simultaneously seek review of the same order; parties must elect between appeal and review.
  • A party cannot escape non-participation in litigation by simply blaming counsel on record; parties must follow up their cases.
  • Equity aids the vigilant, not the indolent.

Court orders

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  1. 1.The entire application dated 24th April 2025 is dismissed with costs
On appeal from
Court of Appeal
null (notice of appeal filed; number not stated)
Jurisdiction invoked
Sections 80 and Order 45 Rule 1 of the Civil Procedure Act and Rules (review); inherent jurisdiction over stay of execution of its own orders

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, "Langat v Trimborn Agricultural Engineering Limited & 3 others (Environment and Land Case E025 of 2022) [2025] KEELC 6721 (KLR)", Case Analysis (2025). Not stated in the judgment as supplied. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6721/eng@2025-10-03

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