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ELCDismissedNot stated in excerpt (ELC Appeal at Kakamega; underlying Mumias ELC Case No. 114 of 2024)· [2025] KEELC 7452 (KLR)

Juma v Inganga; Juma (Interested Party) (Environment and Land Appeal E022 of 2022) [2025] KEELC 7452 (KLR)

Environment and Land Court
29 October 2025
ANA. NYUKURI
1,422 words in judgment
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The bottom line

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A Kakamega court refused to pause a judgment, confirming that facing eviction alone is never enough to get a stay of execution in Kenya.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Kakamega (A. Nyukuri, J) on a notice of motion dated 28th November 2024 in which the respondents, who lost in the court's judgment of 20th June 2024, sought stay of execution of that judgment pending an intended appeal to the Court of Appeal. The 20th June 2024 judgment had allowed their appeal and substituted the lower court's order granting the appellant's adverse possession claim with an order dismissing that claim. The applicants argued they had an arguable appeal, had sought certified proceedings, and faced threatened eviction and extreme prejudice. Idd W. Juma, the appellant, opposed the application as an abuse of process, noting the five-month delay, the unendorsed notice of appeal, alleged late service contrary to Rule 79(1) of the Court of Appeal Rules, and the fact that eviction proceedings had already commenced in Mumias ELC Case No. 114 of 2024. Applying Order 42 Rule 6 of the Civil Procedure Rules and the principles in Butt v Rent Restriction Tribunal, the court held that imminent execution alone does not entitle a party to stay, that the alleged 'extreme prejudice' was neither elaborated nor demonstrated as substantial loss, that the five-month delay was inordinate and unexplained, and that the judgment was a negative order of dismissal incapable of being stayed. Arguability of the intended appeal was left to the Court of Appeal. The application was dismissed with costs to the appellant on 29th October 2025.

Key legal issues

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Whether stay of execution pending appeal should be granted

Holding

The application fails: substantial loss was neither elaborated nor demonstrated, the application was filed five months after judgment (inordinate, unexplained delay), and the judgment was a negative order incapable of being stayed.

Reasoning

The court applied Order 42 Rule 6(2) and the Butt v Rent Restriction Tribunal principles. Execution is a lawful process and imminent eviction alone does not justify stay. The applicants did not explain the five-month delay between judgment (20th June 2024) and the application (27th/28th November 2024). Arguability of the intended appeal was a matter for the Court of Appeal, not this court.

p. 3

Legal principles established

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  • Imminent execution cannot in itself be a basis for grant of stay of execution pending appeal; the applicant must demonstrate substantial loss, absence of unreasonable delay and willingness to furnish security
  • A negative order of dismissal is incapable of being stayed

Court orders

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  1. 1.The notice of motion dated 28th November 2024 is dismissed
  2. 2.Costs of the application to the appellant
On appeal from
Magistrates' Court (Mumias)
Mumias ELC Case No. 114 of 2024
Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal to the Court of Appeal)

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, "Juma v Inganga; Juma (Interested Party) (Environment and Land Appeal E022 of 2022) [2025] KEELC 7452 (KLR)", Case Analysis (2025). Not stated in excerpt (ELC Appeal at Kakamega; underlying Mumias ELC Case No. 114 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7452/eng@2025-10-29

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