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ELCAllowedNotice of Motion dated 9th June 2025 (interlocutory appeal from Nakuru CMELC 77 of 2020)· [2025] KEELC 6769 (KLR)

Karuingi & another v Wainaina (Environment and Land Appeal E015 of 2024) [2025] KEELC 6769 (KLR)

High Court of Kenya
8 October 2025
1,692 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court paused a land case because a defence was lost to COVID-era e-filing glitches, but only if the appeal is filed within 30 days.

What this practically means

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Executive summary

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This ruling by M. A. Odeny, Judge, delivered at Nakuru on 8th October 2025, determines the Appellants' Notice of Motion dated 9th June 2025 seeking a stay of proceedings in Nakuru CMELC No. 77 of 2020 (Prof Paul Kuria Wainaina vs Muturi Karuingi & Esther Wahu Kibe) pending an intended appeal against the trial court's ruling of 22nd May 2025, in which the trial court directed that the suit proceed to hearing without a defence by the Appellants. The Appellants, through counsel Ms. Karungu, argued that a Statement of Defence dated 9th June 2020 was filed via the e-filing platform during the COVID-19 digital migration but payment was inadvertently omitted, and that they should not be rendered unheard due to mistakes occurring amid transfers of magistrates and advocates. The Respondent countered that the application was an abuse of process: no defence had been filed by 2022, an irregular amended defence was received under protest, and the trial court had directed on 22nd February 2023 that the matter proceed without a defence, with no review or appeal of that direction. The court framed a single issue: whether the threshold for stay of proceedings was met. It applied Halsbury's warning that stays be granted sparingly and the six principles in William Odhiambo Ramogi v Attorney General, and acknowledged Turbo Highway Eldoret Ltd v Muniu that a trial judgment is itself capable of being stayed. Nonetheless, the court allowed the application solely because of the alleged e-filing teething problems of 2020, ordering a conditional stay: the Appellants must file and serve their record of appeal within 30 days, failing which the stay lapses. Costs were ordered to be in the cause.

Key legal issues

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01

Threshold for stay of proceedings pending appeal

Holding

The court adopted the six principles in William Odhiambo Ramogi v Attorney General: a pending appeal, an explanation where stay is sought in the trial court, an arguable appeal, nugatory impact, exceptional circumstances, and expeditious filing. On the facts it found the threshold met solely because of the e-filing difficulties.

Reasoning

The court set out Halsbury's warning that stays should be granted sparingly and the Ramogi six-pronged test. It acknowledged that the trial proceeding to judgment would not ordinarily render an appeal nugatory. However, it exercised discretion in the Appellants' favour because the alleged non-filing of the defence was attributable to teething problems of the judiciary's fledgling e-filing system during COVID-19.

p. 4
02

Whether an arguable appeal existed on whether a Statement of Defence was filed

Holding

The court treated the asserted filing of a defence dated 9th June 2020 via e-filing without payment as raising an arguable point sufficient to warrant a stay, conditioned on diligent prosecution of the appeal

Reasoning

Counsel explained the defence was filed during the COVID-19 digital migration but payment was inadvertently omitted. The court accepted this as the crux of the intended appeal and allowed the stay, but conditioned it: the record of appeal must be filed and served within 30 days or the stay lapses, to prevent abuse and delay of the main suit.

p. 4

Legal principles established

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  • Stay of proceedings is a serious interruption of a party's right to litigate and should be exercised sparingly and only in exceptional cases
  • The trial ordinarily proceeding and judgment being given on the merits does not by itself render an interlocutory appeal nugatory, since a judgment can be stayed
  • Technical failures attributable to the teething problems of the COVID-19-era e-filing system may justify a stay where a defence was purportedly filed but not paid for

Court orders

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  1. 1.Stay of proceedings in Nakuru CMELC 77 of 2020 granted pending the intended appeal
  2. 2.Appellants to file and serve their record of appeal within 30 days, failing which the stay lapses
  3. 3.Costs of the application to be in the cause

Authorities

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Legislation

  • Constitution of KenyaArticle 40
  • Constitution of KenyaArticle 50
  • Constitution of KenyaArticle 159(2)(d)

Cases cited (9)

  • Kenya Wildlife Service vs James Mutembei
    [2019] KEHC 10478 (KLR)
  • Global Tours & Travels Limited; Nairobi HC Winding Up Cause No 43 of 2000
  • Bank of Africa Kenya Limited vs Put Sarajevo General Engineering Co Ltd & 2 others
    [2018] eKLR
  • Edward Muchiri Ituma vs Beatrice Wangigi & 9 others
    [2019] eKLR
  • Andrew Kiplagat Chemaringo vs Paul Kipkorir Kibet
    [2018] KECA 701 (KLR)
  • Ahmed Mohammed Noor vs Abdi Aziz Osman
    [2019] eKLR
  • William Odhiambo Ramogi & 2 Others v the Honourable Attorney General & 3 Others
    [2019] eKLR
  • Turbo Highway Eldoret Ltd v Muniu
    (Civil Appeal E040 of 2021) [2022] KEHC 10197 (KLR) (30 June 2022)
  • Halsbury's Laws of England, 4th Edition, Vol. 37
    pages 330 and 332
On appeal from
Nakuru Chief Magistrate's Court (CMELC)
77 of 2020
Jurisdiction invoked
Appellate supervisory jurisdiction over an intended appeal against an interlocutory ruling of the magistrates' court (stay of proceedings pending appeal)

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, "Karuingi & another v Wainaina (Environment and Land Appeal E015 of 2024) [2025] KEELC 6769 (KLR)", Case Analysis (2025). Notice of Motion dated 9th June 2025 (interlocutory appeal from Nakuru CMELC 77 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6769/eng@2025-10-08

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