Kiu & another v Konchory (Environment and Land Appeal E036 of 2025) [2025] KEELC 8670 (KLR)
The bottom line
#The court paused enforcement of a land judgment, but only after the losing party deposits Kshs. 80,000 within two weeks.
What this practically means
#Executive summary
#Key legal issues
#Timeliness of the application
The application was filed timeously, shortly after judgment and filing of the memorandum of appeal
The court found the application was filed on 23rd August 2025, close upon the impugned judgment and the memorandum of appeal filed the same date, satisfying the first Order 42 Rule 6 condition without any finding of inordinate delay.
Substantial loss
Substantial loss was demonstrated because the decree barred the 2nd Appellant from entering the suit property where she lives
Although the trial court issued no eviction orders, the permanent injunction and declaratory orders barring the 2nd Appellant from the suit property, where photographs showed she was in occupation of a portion, would cause substantial loss if executed. The court therefore found the second condition satisfied.
Security for the decree
The applicant had not offered security, so stay was granted conditional on deposit of Kshs. 80,000
Execution being a lawful process, the applicant ought to have offered security for satisfaction of the decree including costs. The court bridged this gap by conditioning the stay on a deposit of Kshs. 80,000 within two weeks, failing which the stay lapses.
Legal principles established
#- An applicant for stay of execution under Order 42 Rule 6 must satisfy three conditions: timeliness, substantial loss, and security for performance of the decree
- Arguability of the intended appeal is not a consideration for stay under Order 42 Rule 6
Court orders
#- 1.There shall be a stay of execution of the judgment delivered on 12th August 2025 by Hon. W.C. Waswa in Kilgoris E054/2024 pending hearing and determination of the Appeal.
- 2.The Applicant shall deposit Kshs. 80,000 as security in court within 2 weeks from today, in default the stay of execution orders shall lapse.
- 3.Costs of this application are awarded to the Respondent.
- On appeal from
- Magistrates' Court, Kilgoris
- E054/2024
- 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, "Kiu & another v Konchory (Environment and Land Appeal E036 of 2025) [2025] KEELC 8670 (KLR)", Case Analysis (2025). ELC Case No. E081/2024 (appeal against judgment in Kilgoris E054/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8670/eng@2025-12-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.