Mungai & another v Njogoo & another (Administrators of the Estate of Francis Njogoo Mwatati alias Jogoo Mwatati) (Environment and Land Appeal E035 of 2025) [2026] KEELC 2014 (KLR)
The bottom line
#A Murang'a court paused execution of a costs decree only if the appellants deposit Kshs 100,000 within 30 days—proving hardship matters, not just claiming it.
What this practically means
#Executive summary
#Key legal issues
#Whether the appeal was filed out of time without leave
The court could not determine the actual filing date without inspecting the Case Tracking System and assumed, for the purposes of the motion, that the appeal was filed on time
Counsel for the Appellant asserted filing on 30-8-2025, but the court record showed 2-9-2025; 30-8-2025 was a Saturday. Under Order 50 rule 3 of the Civil Procedure Rules, days when offices are closed are excluded in computing time. The court held that only the Case Tracking System could resolve the exact date and proceeded on the assumption of timely filing without deciding the point.
Whether the Appellants met the threshold for stay of execution
The threshold was not quite met, but a conditional stay was granted to preserve the appeal, conditioned on a deposit of Kshs 100,000/= in court within 30 days
The court found the Appellants had not demonstrated substantial loss from paying costs; apart from asserting that the Respondents were not persons of means, no particulars were given. The Respondents, as successful litigants, gained from the litigation, whereas the Appellants had nothing to show. To protect the appeal from being rendered nugatory, the court granted stay on the security condition, with automatic dismissal on default.
Legal principles established
#- An applicant for stay of execution must prove that paying the decretal amount will cause substantial loss; a bare assertion that the decree-holder is not a person of means is insufficient
Court orders
#- 1.Stay of execution of the judgment and decree of 31-7-2025 in Murang’a CM’s Court case No. ELC 015 of 2024 granted on condition that the Appellants deposit in court Kshs 100,000/= within 30 days
- 2.Failure by the Appellants to deposit Kshs 100,000/= within 30 days, the motion dated 1-9-2025 shall stand dismissed
- On appeal from
- Murang’a Chief Magistrate’s Court
- ELC 015 of 2024
- Jurisdiction invoked
- Sections 3A and 63(e) of the Civil Procedure Act; Order 42 rule 6(6) and Order 51 rule 1 of the Civil Procedure Rules; Rule 3(2) of the Judicature Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mungai & another v Njogoo & another (Administrators of the Estate of Francis Njogoo Mwatati alias Jogoo Mwatati) (Environment and Land Appeal E035 of 2025) [2026] KEELC 2014 (KLR)", Case Analysis (2026). Not stated in the judgment (appeal against Murang’a CM’s Court case No. ELC 015 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2014/eng@2026-04-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.