Muhati & another v Kuta (Environment and Land Appeal E057 of 2025) [2025] KEELC 6982 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant is entitled to the orders sought, namely stay of execution and stay of proceedings pending appeal
Key legal issues
#Whether the applicants were entitled to stay of proceedings pending appeal
Stay of proceedings granted, since if proceedings were not stayed an injustice might be occasioned given the applicants had not filed a defence in the lower court.
The court noted the appellants did not enter appearance or file defence, but whether they were denied a hearing is the subject of the appeal and was not delved into. The right to be heard before a decision is made is a fundamental right, so staying proceedings would avert possible injustice pending determination of the appeal.
Whether the applicants demonstrated substantial loss to warrant stay of execution pending appeal
Substantial loss demonstrated: an arguable appeal on non-service and a triable defence, plus unchallenged assertion that attached livestock is the applicants' source of livelihood.
The applicant denied service of summons and asserted a lease of the suit property negating the debt. The claim that attached livestock was his livelihood was unchallenged, and being condemned unheard constitutes substantial loss since the right to be heard is fundamental.
Legal principles established
#- For an applicant to obtain orders to stay the hearing and determination of a matter, they must unequivocally demonstrate that proceeding with the matter will result in manifest injustice; the threshold for stay of proceedings is higher than for stay of execution.
- A applicant for stay of execution must demonstrate substantial loss, absence of unreasonable delay, and willingness to furnish security; imminent execution alone does not amount to substantial loss.
- Being condemned unheard demonstrates substantial loss because the right to be heard is fundamental.
Court orders
#- 1.Pending the hearing and determination of this appeal, stay of the judgment, ruling, warrants of execution and any further proceedings or consequential orders in Butali MCELC No. E069 of 2024 Silus Misango Kuta v Epainiti Muhati & Paul Lwamba Muhati
- 2.Costs of the application shall be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Butali Magistrates' Court (Mcelc)
- E069 of 2024
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules; Article 159(2)(b) of the Constitution as read with section 3 of the Environment and Land Court Act and sections 1A and 1B of the Civil Procedure Act
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
That pending the hearing and determination of this appeal this Honourable Court is hereby pleased to stay the judgment, ruling, warrants of execution and any further proceedings or consequential orders in Butali MCELC No. E069 of 2024 Silus Misango Kuta V Epainiti Muhati & Paul Lwamba Muhati.
That costs for this application shall be in the cause.
imminent execution cannot by itself be a basis for grant of stay of execution pending appeal, as execution is a lawful process pursuant to grant of an order, judgment or decree by a court.
the allegation that he was condemned unheard is a demonstration of substantial loss, as a right to be heard is fundamental
Issues in the judgment
#The 1st appellant's name is spelled inconsistently within the judgment - 'Epainito Muhati' in the cause title of the motion and reply, but 'Epainiti Muhati' in the operative order.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muhati & another v Kuta (Environment and Land Appeal E057 of 2025) [2025] KEELC 6982 (KLR)", Case Analysis (2025). Butali Mcelc Appeal (arising from Butali Mcelc No. E069 of 2024); Notice of Motion dated 23rd June 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6982/eng@2025-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.