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ELCDismissedNot stated in judgment· [2025] KEELC 7354 (KLR)

Ethics & Anti-Corruption Commission v Kokita alias Halima Chelagat & 2 others (Environment and Land Case E008 of 2025) [2025] KEELC 7354 (KLR)

Environment and Land Court
29 October 2025
CNC.K. NZILI
1,298 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Kitale refused to pause a land case pending appeal, confirming that interim injunctions alone do not justify halting proceedings.

What this practically means

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Executive summary

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The 1st and 2nd defendants/applicants, through an application dated 23/7/2025, sought a stay of proceedings in the suit and suspension of orders issued on 25/6/2025 (a temporary injunction pending hearing of the suit), pending an intended appeal to the Court of Appeal. They argued the appeal had high chances of success, that the estate of the late Nathaniel Tum risked eviction from property occupied and developed for over 30 years contrary to Article 40 of the Constitution, and that the appeal would be rendered nugatory. They relied on Order 42 Rule 6(1) of the Civil Procedure Rules and various authorities on stay. The plaintiff/respondent opposed, contending the intended appeal was frivolous and the orders under appeal were interim, not final; its replying affidavit was expunged for late filing without leave, so it relied on written submissions. The court held that stay of proceedings is a discretionary power to be exercised judiciously and sparingly, with a high and stringent threshold because it impinges on the right to access justice and fair trial. The intended appeal was against an interlocutory ruling granting a temporary injunction; no final orders such as eviction had issued. The court distinguished the Aura case, since the applicants had been heard on the merits before the interim orders issued, and held there was no basis to suspend its own orders when functus officio absent review on fresh material. The application dated 23/7/2025 was dismissed with costs on 29 October 2025.

Key legal issues

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01

Whether the threshold for stay of proceedings pending appeal was met

Holding

It was not; the intended appeal concerned interim injunction orders, and expeditious hearing of the suit serves the defendants' interest

Reasoning

The court applied the Re Global Tours and Travels test of weighing pros and cons, and the Ramogi requirement of exceptional circumstances. Since the appeal targets a discretionary interlocutory ruling granting temporary injunction, no final orders such as eviction were in place. Expedited hearing would allow the court to decide the merits and assess whether interim orders are merited, so no stay was warranted.

p. 3
02

Whether the orders of 25/6/2025 should be suspended

Holding

No; the applicants were heard before the orders issued, unlike the ex parte situation in the Aura case

Reasoning

The court distinguished Cabinet Secretary, Ministry of Health v Aura, where orders had been issued ex parte without a hearing. Here the applicants were heard on the merits before the temporary injunction issued. A court that has become functus officio can revisit its decision only on review based on fresh material, none of which was shown.

p. 3

Legal principles established

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  • Stay of proceedings is a discretionary power exercised judiciously on defined principles, weighing the pros and cons of granting or refusing the order.
  • The test for stay of proceedings is high and stringent because it impinges on the right to access justice and a fair trial.
  • A court will not suspend or revisit its own interim orders, made after hearing the parties on the merits, absent fresh material through review.

Court orders

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  1. 1.The application dated 23/7/2025 is dismissed with costs to the plaintiff/respondent
Jurisdiction invoked
Order 42 Rule 6(1) of the Civil Procedure Rules

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, "Ethics & Anti-Corruption Commission v Kokita alias Halima Chelagat & 2 others (Environment and Land Case E008 of 2025) [2025] KEELC 7354 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7354/eng@2025-10-29

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