Kimani & 2 others v Akuisi Farmers Company Limited & another (Environment and Land Appeal E046 of 2023) [2025] KEELC 6998 (KLR)
The bottom line
#The Nakuru Environment and Land Court paused execution of its judgment, but only if the appellant deposits Kshs 1.5 million as security within 30 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant satisfied the Order 42 Rule 6(2) threshold for stay of execution pending appeal
Stay granted conditionally on further security, balancing the parties' competing interests
The court found the applicant had not adequately demonstrated substantial loss beyond mere assertion but noted the deposit already made and the need to balance the appellant's right of appeal against the decree holder's rights. It exercised its discretion to grant a conditional stay, ordering additional security within 30 days, failing which the order lapses.
Nature of security to be given for due performance of the decree
The nature and quantum of security is a matter for the court's discretion
The court held that Order 42 rule 6(2)(b) vests the order of security in the court to ensure its discretion is not fettered. It therefore fixed the additional security at Kshs 1,500,000/- in a joint interest-earning account of the advocates on record, rather than the respondents' proposed Kshs 2,000,000/-.
Legal principles established
#- The power to grant or refuse a stay of execution is discretionary and should be exercised so as not to prevent an appeal from being rendered nugatory
- An applicant must demonstrate substantial loss, not merely assert it
- The court balances the competing interests of the decree holder and the appellant, usually through an order for security
Court orders
#- 1.Application for stay of execution is allowed on condition that the Applicant deposit Kshs. One Million, Five Hundred Thousand (1,500,000/=) only in a joint interest earning account of the Advocates on record within 30 days failure to which the order lapses
- 2.Costs of the Application to abide by the outcome of the Appeal
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimani & 2 others v Akuisi Farmers Company Limited & another (Environment and Land Appeal E046 of 2023) [2025] KEELC 6998 (KLR)", Case Analysis (2025). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6998/eng@2025-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.