Ondu v Ogutu & another (Enviromental and Land Originating Summons E002 of 2022) [2026] KEELC 1352 (KLR)
The bottom line
#A Kenyan land court paused enforcement of a land transfer judgment pending appeal, but only after the applicant deposited Kshs 200,000 security within 45 days.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to stay of execution pending appeal
The court granted stay of execution of its judgment dated 27th October 2025 pending the appeal to the Court of Appeal, conditional on the applicant depositing Kshs 200,000/- in court as security within 45 days, failing which the stay lapses.
The application was brought under Order 42 Rule 6 of the Civil Procedure Rules and sections 1A, 1B and 3A of the Civil Procedure Act. The applicant annexed a Notice of Appeal showing the appeal process had commenced, and averred that the judgment directing transfer of suit lands could be executed after expiry of 90 days, rendering the appeal nugatory. The respondents were served but did not respond or attend, leaving the application unopposed.
Effect of non-opposition to the application
The unopposed nature of the application, combined with service on the respondents, supported allowing it as prayed with conditions.
Service was proved by an Affidavit of Service sworn by Bruce O. Odeny Advocate showing the respondents received the application and directions on 8th December 2025. They filed no response and did not attend the hearing on 27th February 2026. Counsel for the applicant urged the court to allow the application as unopposed, and the court allowed it on conditions as to security.
Legal principles established
#- An unopposed application for stay of execution may be allowed where the applicant demonstrates commencement of the appeal process, with security as a condition
Court orders
#- 1.An order of stay of execution of the judgment dated 27th October 2025 granted pending the hearing and determination of the appeal to the Court of Appeal, on condition that the applicant deposits in court Kshs 200,000/- as security pursuant to Order 42 Rule 2 (b) Civil Procedure Rules within 45 days, failing which the stay order shall lapse
- 2.Each party to bear its own costs of the application
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules, 2010 and sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ondu v Ogutu & another (Enviromental and Land Originating Summons E002 of 2022) [2026] KEELC 1352 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1352/eng@2026-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.