Apec Holdings Limited v Kenya Railways Corporation (Environment and Land Case 16 (E012) of 2021) [2025] KEELC 6846 (KLR)
The bottom line
#A Kenyan court paused enforcement of a Kshs. 2 million land judgment, but only if the losing party deposits the full amount within 30 days.
What this practically means
#Executive summary
#Key legal issues
#Whether there was inordinate delay in filing the application
There was no inordinate delay; judgment was delivered on 18/6/2025 and the application filed on 11/7/2025, and a 30-day stay had been granted at delivery
The court noted the law sets no minimum or maximum limits on delay. The application followed within roughly a month of judgment, and a stay for 30 days had been granted during delivery of the judgment. On these facts the court found no inordinate delay in applying for stay.
Whether the applicant demonstrated substantial loss
The applicant failed to demonstrate irreparable loss; however the court found it unclear whether the respondent had already executed the decree by retaking possession
Citing James Wangalwa v Agnes Naliaka Cheseto, the court held that an applicant must show execution would irreparably affect the essential core of its position as a prospective successful appellant. The applicant failed to do so, but the absence of demonstrated execution by the respondent supported preserving the position pending appeal.
The appropriate relief balancing the parties' interests
A conditional stay was granted: deposit of the decretal sum in a joint interest-earning account within 30 days, failing which the stay lapses
Weighing the competing interests of the parties, the court fashioned a conditional stay to preserve the subject matter while protecting the successful litigant's entitlement to the fruits of judgment. Security in the form of the full award of Kshs. 2,000,000/= in a joint interest-earning account of counsel was imposed, with automatic lapse on default.
Legal principles established
#- Stay of execution pending appeal is governed by Order 42 Rule 6 of the Civil Procedure Rules and the power is discretionary, to be exercised so the appeal is not rendered nugatory
- An applicant for stay must satisfy the conditions of substantial loss, absence of unreasonable delay, and provision of security
- The purpose of stay is to preserve the subject matter while balancing the rights of the appellant and the successful litigant
Court orders
#- 1.Conditional stay of execution of the judgment delivered on 18/6/2025 granted
- 2.The applicant to deposit Kshs. 2,000,000/= in an interest-earning account opened in the joint names of the parties' respective lawyers within 30 days from the date of the ruling
- 3.Failing the deposit within 30 days, the stay orders shall lapse
- On appeal from
- Environment and Land Court, Kitale
- the suit in which judgment was delivered on 18/6/2025
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Apec Holdings Limited v Kenya Railways Corporation (Environment and Land Case 16 (E012) of 2021) [2025] KEELC 6846 (KLR)", Case Analysis (2025). Notice of Motion dated 11/7/2025 (suit judgment delivered 18/6/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6846/eng@2025-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.