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ELCPartially AllowedKisumu Court of Appeal Civil Appeal No. E067 of 2023 (related matter; motion in the Kakamega matter)· [2026] KEELC 212 (KLR)

Shilako v Anguba (Environment and Land Appeal E038 of 2021) [2026] KEELC 212 (KLR)

High Court of Kenya
21 January 2026
1,707 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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The Kakamega High Court refused a two-and-a-half-year-delayed request to freeze enforcement of a land judgment, but allowed the appellant to represent himself on appeal.

What this practically means

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Executive summary

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This ruling of the High Court at Kakamega (A. Nyukuri, J) determined a notice of motion dated 20th August 2025 filed by the appellant, who sought leave to act in person, a stay of execution of the judgment delivered on 18th January 2023 pending Kisumu Court of Appeal Civil Appeal No. E067 of 2023, and an inhibition restricting registration of further entries on title for parcel No. Isukha/Shirere/6871. The respondent opposed, asserting he was the registered proprietor living on the land since 2009 with no intention to dispose of it, and that the dispute was res judicata following Kakamega MC ELC Case No. 933 of 2018. The court granted leave to act in person under Order 9 Rule 9 of the Civil Procedure Rules, holding legal representation a constitutional right and the party's prerogative. On the inhibition, the court held that under Order 42 Rule 6(6) an injunction pending appeal may only be granted while the court exercises appellate jurisdiction before determining the appeal; having entered judgment, it had no jurisdiction to grant injunctive orders, and that prayer failed for want of jurisdiction. On stay, the court found the delay of over two and a half years since the January 2023 judgment inordinate and unexplained, and noted the judgment had dismissed the appeal and made no positive orders capable of being stayed, so there was nothing to stay. The application was otherwise dismissed with costs to the respondent.

Key legal issues

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01

Leave to act in person

Holding

Allowed under Order 9 Rule 9 of the Civil Procedure Rules as legal representation is a party's constitutional right and prerogative

Reasoning

The court noted that Order 9 Rule 9 requires a party formerly represented by an advocate after entry of judgment to seek leave to act in person. Since legal representation is a constitutional right and a party's prerogative, the applicant has a right to represent himself, and the prayer for leave to act in person was granted.

p. 2
02

Jurisdiction to grant an inhibition after judgment

Holding

Declined for want of jurisdiction; an inhibition can only be granted while the court exercises appellate jurisdiction before determining the appeal

Reasoning

Relying on Order 42 Rule 6(6) of the Civil Procedure Rules, the court held that a temporary injunction pending appeal may only be granted in the exercise of appellate jurisdiction before the appeal is determined. Having already entered judgment, the court could not grant injunctive orders, and the prayer for inhibition was therefore refused for want of jurisdiction.

p. 4
03

Stay of execution pending appeal

Holding

Dismissed for inordinate, unexplained delay and absence of any positive orders capable of being stayed

Reasoning

The judgment sought to be stayed was delivered in January 2023 but the application was filed in August 2025, a delay of over two and a half years which was not explained. Further, the judgment dismissed the appeal and made no positive orders; execution is a lawful process and mere motion to execute does not amount to substantial loss. Hence there was nothing to stay.

p. 4

Legal principles established

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  • A party who was represented by an advocate until after entry of judgment must obtain leave of court to act in person, and legal representation is a party's constitutional right and prerogative
  • A court exercising appellate jurisdiction may grant a temporary injunction only before it determines the appeal, not after entering judgment
  • A stay of execution requires demonstration of substantial loss, application without unreasonable delay, and security for due performance of the decree

Court orders

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  1. 1.Leave granted to the applicant to act in person
  2. 2.Application dated 20th August 2025 otherwise dismissed with costs to the respondent
Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules and Section 68 of the Land Registration Act

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, "Shilako v Anguba (Environment and Land Appeal E038 of 2021) [2026] KEELC 212 (KLR)", Case Analysis (2026). Kisumu Court of Appeal Civil Appeal No. E067 of 2023 (related matter; motion in the Kakamega matter). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/212/eng@2026-01-21

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