Sammy v Kibuia (Environment and Land Appeal E016 of 2025) [2026] KEELC 375 (KLR)
The bottom line
#The Environment and Land Court at Chuka refused to pause enforcement of a land judgment because the applicant waited three years and offered no evidence of loss.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant satisfied the criteria for stay of execution under Order 42 rule 6(2)
No - the applicant failed on substantial loss, delay, security and arguable appeal, so the application was dismissed with costs.
The court assessed each limb of Order 42 rule 6(2). No evidence demonstrated likely substantial loss; the delay of about three years since the judgment was unexplained; no evidence-backed security offer was made; and the applicant failed to avail the trial record, including the pleadings, evidence and the review application, so the court could not tell whether his grounds - chiefly an alleged concession of 1½ acres by the respondent - were arguable. Costs followed the event.
Legal principles established
#- No stay of execution shall issue unless substantial loss, absence of unreasonable delay and security are demonstrated under Order 42 rule 6(2).
- A party seeking an order on security must support the offer with evidence and allow for proposal and counter-proposal.
- An applicant asserting that the trial court ignored a concession must place the trial record before the appellate court to show arguable grounds.
Court orders
#- 1.Application for stay of execution dismissed
- 2.Applicant to bear costs of the application
- On appeal from
- Marimanti Principal Magistrate's Court (Environment and Land)
- Marimanti PMC E&L Case No E005 of 2020
- Jurisdiction invoked
- Appellate/stay jurisdiction under Order 42 rule 6(2) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sammy v Kibuia (Environment and Land Appeal E016 of 2025) [2026] KEELC 375 (KLR)", Case Analysis (2026). Appeal from Marimanti PMC E&L Case No E005 of 2020 (ruling dated 18/9/2025); notice of motion dated 20/11/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/375/eng@2026-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.