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ELCDismissedKigumo MCC No. 135 of 2015 (Appeal therefrom; motion dated 9-7-2025)· [2026] KEELC 809 (KLR)

Ngururi v Ngahu (Environment and Land Appeal E027 of 2025) [2026] KEELC 809 (KLR)

High Court of Kenya
18 February 2026
796 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court at Murang'a refused to pause a Kshs. 1.95 million refund order because the appellant failed to meet every requirement for a stay.

What this practically means

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Executive summary

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This is a ruling by the High Court at Murang'a (M. N. Gicheru, J) on a notice of motion dated 9-7-2025 by the Appellant, brought under Section 3A of the Civil Procedure Act and Order 42 rule 6(1) of the Civil Procedure Rules, seeking a stay of execution of the judgment delivered on 9-6-2025 in Kigumo MCC No. 135 of 2015, in which the Appellant was ordered to refund Kshs. 1,950,000/= to the Respondent. The Appellant argued the appeal was arguable, would be rendered nugatory, and offered to abide by any conditions the Court might impose. The Respondent opposed, arguing the decree was a money decree causing no irreparable harm, and that the Appellant might alienate the suit land to the Respondent's detriment. The court identified the three cumulative conditions in Order 42 rule 6(2): substantial loss, absence of unreasonable delay, and security for due performance. It found no substantial loss since the decree was for a specified sum and there was no deposition that the Respondent could not repay if the appeal succeeded. Delay was not an issue, the filing being prompt. However, the security offer was vague - the Appellant did not state an amount - and the court held all three conditions must be satisfied together. The motion was dismissed with costs in the cause.

Key legal issues

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01

Whether substantial loss would result to the Appellant if stay is not granted

Holding

Not proved; the decree is a specified money decree and the Respondent should enjoy the fruits of his litigation

Reasoning

The court reasoned that the decree is for a specified sum of money. The applicant deposed nothing showing the respondent could not repay the decretal sum should the appeal succeed. A successful litigant is entitled to enjoy the fruits of his judgment, so no substantial loss was demonstrated to justify a stay.

p. 2
02

Whether the application was made without unreasonable delay

Holding

Yes; the application was filed within good time

Reasoning

Judgment was delivered on 9-6-2025 and the motion (with the memorandum of appeal dated 1-7-2025) was filed on 1-7-2025, a short interval. The court accordingly found this limb satisfied, though it alone could not sustain the application.

p. 2
03

Whether the Appellant offered security for the due performance of the decree

Holding

No; the offer was vague and non-committal

Reasoning

The Appellant merely stated willingness to comply with any conditions the Court might impose without specifying an amount. The court held an applicant must be forthright and bold, stating and committing himself to his offer. This vague offer meant the security condition failed, dooming the motion.

p. 2

Legal principles established

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  • All three conditions in Order 42 rule 6(2) of the Civil Procedure Rules must be satisfied together before a stay of execution pending appeal can be granted; failure to satisfy even one is fatal
  • A money decree does not ordinarily establish substantial loss where there is no deposition that the respondent will be unable to repay the decretal sum if the appeal succeeds
  • An applicant for stay must expressly and firmly commit to the security offered, not leave it to the court to impose conditions

Court orders

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  1. 1.Motion dated 9-7-2025 dismissed
  2. 2.Costs in the cause
On appeal from
Kigumo Magistrates' Court
Kigumo MCC No. 135 of 2015
Jurisdiction invoked
Section 3A of the Civil Procedure Act and Order 42 rule 6(1) 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, "Ngururi v Ngahu (Environment and Land Appeal E027 of 2025) [2026] KEELC 809 (KLR)", Case Analysis (2026). Kigumo MCC No. 135 of 2015 (Appeal therefrom; motion dated 9-7-2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/809/eng@2026-02-18

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