Kenafric Properties Limited v Denyo & 65 others (Environment and Land Case E093 of 2023) [2026] KEELC 1741 (KLR)
The bottom line
#A Kenyan court refused to stop an eviction because the applicants waited two years, showed no real loss, and the eviction had already happened.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to stay of execution under Order 42 rule 6
Stay refused: the application was filed about two years after the ruling with no explanation for the delay, no substantial loss or identifiable interest was demonstrated, and execution had already been completed.
Order 42 rule 6 requires substantial loss, absence of unreasonable delay and security. The ruling was delivered on 15th June 2023 but the application was filed on 18th June 2025 with no reasonable explanation, failing the first condition. The applicants showed no identifiable interest in the suit or pleadings, hence no substantial loss. The respondent demonstrated by photographs that eviction had already occurred, so orders would be made in futility.
Leave to file defence out of time and joinder
Refused because no triable issue was identified that would arise in a defence.
A party seeking leave to defend out of time must raise identifiable triable issues. The applicants, claiming long possession of public land, raised nothing triable and showed no identifiable stake in the property or proceedings, so leave and joinder could not be granted. Cumulatively, with execution complete, the entire application was unsustainable and moot.
Legal principles established
#- The conditions for stay of execution under Order 42 rule 6 are substantial loss, application without unreasonable delay, and security; failure of any defeats the application.
- Substantial loss is the cornerstone for granting stay; without evidence of it, stay cannot issue.
- A court will not make orders in futility where the events sought to be stayed have already occurred.
Court orders
#- 1.The notice of motion application dated 18th June 2025 is hereby dismissed.
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Order 42 rule 6(1) of the Civil Procedure Rules; inherent powers to review/set aside (Order 45 invoked by the application)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenafric Properties Limited v Denyo & 65 others (Environment and Land Case E093 of 2023) [2026] KEELC 1741 (KLR)", Case Analysis (2026). Notice of Motion dated 18th June 2025 in ELC Case No. E093 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1741/eng@2026-03-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.