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ELCDismissedNotice of Motion dated 5th November 2025 (Nakuru Business Premises Rent Tribunal Case No. E017 of 2024)· [2026] KEELC 685 (KLR)

Njuguna v Ngware, Njoroge & Kinuthia t/a Jofremic Investment (Environment and Land Miscellaneous Case E020 of 2025) (Environment and Land) [2026] KEELC 685 (KLR)

Environment and Land Court
12 February 2026
3,321 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Naivasha court refused a tenant's late appeal against a rent tribunal order, ruling her seven-month delay was unexplained and the money decree refundable.

What this practically means

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Executive summary

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The Applicant, Hannah Wangari Njuguna, moved the Environment and Land Court at Naivasha by Notice of Motion dated 5th November 2025 under Section 15 of the Landlord and Tenants (Shops, Hotels and Catering Establishment) Act, Sections 79G and 95 of the Civil Procedure Act, and Orders 50 Rule 6 and 42 Rule 6 of the Civil Procedure Rules. She sought leave to appeal out of time against a ruling of the Nakuru Business Premises Rent Tribunal delivered on 20th March 2025, which directed her to pay utility arrears within 60 days failing which the landlord could distress for rent and electricity arrears. She also sought stay of execution, alleging that auctioneers had proclaimed her business assets on 3rd November 2025, and offered to pay utility bills in arrears within 60 days. She attributed the seven-month delay to chronic illness and hospitalization. The Respondents opposed, arguing the delay was inordinate and unexplained, that the medical report predated the ruling, that the Applicant continued occupying the premises without paying rent (unclean hands and unjust enrichment), and that the decree was monetary and refundable. The court framed two issues: extension of time and stay of execution. Applying Salat, Leo Sila Mutiso and Kenya Shell v Kabiru, the court held the delay unexplained because the medical chit was dated 4th March 2024, before the ruling, with no medical evidence covering the delay period, and held that a purely monetary decree does not ordinarily warrant a stay absent proof the respondent could not refund. The application was dismissed with costs on 12th February 2026.

Key legal issues

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01

Whether the Applicant satisfied the Section 79G / Order 50 Rule 6 test for extension of time

Holding

Leave to appeal out of time denied; the approximately seven-month delay was not credibly explained.

Reasoning

The court applied the Salat and Leo Sila Mutiso principles: length of delay, reason for delay, chances of appeal success and prejudice to the respondent. The sole explanation was chronic illness and hospitalization, but the only medical chit annexed was dated 4th March 2024, before the ruling. No treatment or admission records covered March to November 2025. Equity aids the vigilant, not those who slumber until an auctioneer's proclamation wakes them.

p. 6
02

Whether stay of execution should be granted under Order 42 Rule 6

Holding

Stay refused; no substantial loss shown and the Applicant came with unclean hands.

Reasoning

Under Order 42 Rule 6, the applicant must show substantial loss, that the application was made without unreasonable delay, and offer security. The decree was for rent and utility arrears - money recoverable by refund if the appeal succeeds - so per Kenya Shell v Kabiru no substantial loss was demonstrated. Further, the Applicant allegedly continued occupying the premises without paying rent or utilities, an unclean-hands consideration against an equitable remedy.

p. 7

Legal principles established

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  • Extension of time is an equitable discretionary remedy, not a right; the applicant must credibly and reasonably explain the delay, and delay of about seven months without evidence covering the delay period is unexplained.
  • For a purely monetary decree, substantial loss is not made out unless the applicant shows the respondent would be unable to refund the decretal sum if the appeal succeeds.

Court orders

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  1. 1.The Applicant's application to file the Appeal out of time is denied.
  2. 2.The second limb of the application (stay of execution pending appeal) is denied.
  3. 3.The Notice of Motion dated 5th November 2025 is dismissed with costs.

Authorities

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Legislation

  • Landlord and Tenants (Shops, Hotels and Catering Establishment) ActSection 15
  • Civil Procedure ActSection 79G
  • Civil Procedure ActSection 95
  • Civil Procedure RulesOrder 50 Rule 6
  • Civil Procedure RulesOrder 42 Rule 6
  • Evidence ActSections 107-109

Cases cited (6)

  • Leo Sila Mutiso v. Rose Hellen Wangari Mwangi
    [1999] eKLR
  • Nicholas Kiptoo Arap Korir Salat v. IEBC
    [2014] eKLR
  • Bi Mach Engineers Ltd v. James Kahoro Mwangi
    [2011] eKLR
  • John Kuria v. Kithaka M’Musee
    [2015] eKLR
  • Tana & Athi Rivers Development Authority v. Jeremiah Kimigho Mwakio (sic)
  • Kenya Shell Ltd v Benjamin Karuga Kabiru & Another
    (1986) KECA 94(KLR) / [1986] KLR
On appeal from
Nakuru Business Premises Rent Tribunal
E017 of 2024
Jurisdiction invoked
Section 15 of the Landlord and Tenants (Shops, Hotels and Catering Establishment) Act; Sections 79G and 95 of the Civil Procedure Act; Orders 50 Rule 6 and 42 Rule 6 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, "Njuguna v Ngware, Njoroge & Kinuthia t/a Jofremic Investment (Environment and Land Miscellaneous Case E020 of 2025)  (Environment and Land) [2026] KEELC 685 (KLR)", Case Analysis (2026). Notice of Motion dated 5th November 2025 (Nakuru Business Premises Rent Tribunal Case No. E017 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/685/eng@2026-02-12

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