Mbisi & 4 others v Nduto & another (Environment and Land Appeal E007 of 2025) [2026] KEELC 768 (KLR)
The bottom line
#Kenya's Environment and Land Court halted an eviction pending appeal because the family showed quick action, real hardship, and offered Kshs. 100,000 security.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants satisfied the conditions for stay of execution pending appeal under Order 42 Rule 6
The application was allowed: the Applicants demonstrated substantial loss (eviction and demolition of developments supporting their livelihoods), filed the application without unreasonable delay (9 days after judgment), showed an arguable appeal, and offered security.
The court noted the subordinate court had ordered eviction and demolition of structures on Makueni/Kyaluma/3 per the counterclaim. Photographs evidenced extensive developments. The application was filed on 3rd May 2025 following judgment on 24th April 2025, so there was no delay. The memorandum of appeal disclosed arguable grounds, and the Applicants offered security; the court imposed a deposit of Kshs. 100,000/= within 60 days, balancing the Applicants' right of appeal against the Respondents' right to enjoy the fruits of their judgment.
Legal principles established
#- Substantial loss is the cornerstone of the jurisdiction to grant a stay of execution pending appeal.
- Security under Order 42 Rule 6 is to guarantee due performance of the decree, not to punish the judgment-debtor.
Court orders
#- 1.Stay of execution of the judgment and decree/orders in the counterclaim delivered on 24/4/2025 granted in terms of prayer 3 pending hearing and determination of the appeal
- 2.Applicants to deposit Kshs. 100,000/= within 60 days as security for any decree which may ultimately be binding upon them
- 3.Costs of the application provided for (costs to the applicants' application allowed in their favour)
- On appeal from
- Magistrates' Court (Makueni)
- Makueni MCELC Case No. E030/2021
- Jurisdiction invoked
- Order 42 Rule 6(1) and (2) of the Civil Procedure Rules (appellate jurisdiction over subordinate court decree)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbisi & 4 others v Nduto & another (Environment and Land Appeal E007 of 2025) [2026] KEELC 768 (KLR)", Case Analysis (2026). Not stated in the judgment (appeal from Makueni MCELC Case No. E030/2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/768/eng@2026-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.