Sakwa & 2 others v Attorney General & another (Environment and Land Case 18 of 2021) [2025] KEELC 7157 (KLR)
The bottom line
#The Environment and Land Court in Kitale refused to pause execution of a land judgment because the applicants showed no substantial loss and offered no security.
What this practically means
#Executive summary
#Key legal issues
#Whether substantial loss was demonstrated to warrant stay of execution
The court held that substantial loss was not demonstrated; the entries to the register are reversible and damages would compensate the applicants if the appeal succeeds.
The court reasoned that execution per se is not substantial loss and mere assertions are insufficient; documentary or empirical material must be placed before the court. The 5th respondent showed the orders in the judgment are reversible in nature. The applicants did not offer to surrender the title deed, provide a bond, or substantiate the value of developments by a valuation report. Public interest in recovery of public land outweighed the applicants' narrow personal interests.
Whether the applicants offered adequate security for the due performance of the decree
The applicants failed to offer security; they did not surrender the original title deed, offer part of the awarded damages, a bond, or any undertaking.
The court found that it is not for the court to suggest security but for the applicant to offer it as a sign of good faith. The applicants merely alleged willingness to furnish security without proposing its nature or providing evidence of ability to do so, contrary to Order 42 Rule 6(2)(c) of the Civil Procedure Rules.
Legal principles established
#- Substantial loss is the cornerstone of an application for stay of execution; without its demonstration the court will not exercise its discretion in favour of a judgment debtor.
- Mere execution does not amount to substantial loss; the applicant must show by cogent and tangible evidence how the substratum of the appeal will be affected.
- It is for the applicant, as a sign of good faith, to offer adequate security; the court will not suggest it.
Court orders
#- 1.The application dated 8.8.2025 seeking stay of execution pending appeal is declined and dismissed
- 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, "Sakwa & 2 others v Attorney General & another (Environment and Land Case 18 of 2021) [2025] KEELC 7157 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7157/eng@2025-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.