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ELCDismissedELC 1257 of 2016· [2026] KEELC 2015 (KLR)

Chege & another v Kibui (Environment and Land Case 1257 of 2016) [2026] KEELC 2015 (KLR)

Environment and Land Court
12 February 2026
MKMohammed N. Kullow
1,132 words in judgment
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The bottom line

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The Environment and Land Court refused to pause a long-running land case while an appeal is prepared, because pausing it would unfairly delay the other side's day in court.

What this practically means

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Executive summary

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The 1st Plaintiff/Applicant moved the Environment and Land Court at Nairobi by Notice of Motion dated 21st July 2025 under Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act, seeking a stay of proceedings in ELC 1257 of 2016 pending the hearing and determination of an intended appeal to the Court of Appeal against a ruling delivered on 3rd July 2025. That ruling had set aside an ex parte judgment of 12th May 2022, by which the 1st Plaintiff had been declared proprietor of Nairobi/Block 115/146, with eviction orders and a mandatory injunction against the Defendant, and had struck out the proceedings leading to that judgment. The Applicant argued that he had an arguable appeal, evidenced by a Notice of Appeal filed on 15th July 2025, and that continuation of the suit would render the appeal nugatory. The Defendant/Respondent opposed, pointing out that no Memorandum of Appeal or draft grounds had been filed or served, and that the impugned ruling merely restored his constitutional right to be heard, so that a stay would substantially prejudice him. Applying the stringent test for stay of proceedings drawn from Kenya Wildlife Service v James Mutembei and Ringera J's guidance in Global Tours & Travels Limited, the court held that the impugned ruling involved no irreversible step, that continuation of the suit would not extinguish the right of appeal, and that a stay would instead delay a dispute pending since 2016. The application was dismissed with costs to the Respondent on 12th February 2026.

Key legal issues

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01

Whether the threshold for a stay of proceedings pending appeal was met

Holding

The court declined to grant the stay because the impugned ruling merely restored the matter for hearing on its merits, and continuation of the proceedings would not render the intended appeal nugatory

Reasoning

The court applied the stringent test for stay of proceedings, requiring the Applicant to show an arguable appeal and that the appeal would be rendered nugatory absent a stay. The ruling of 3rd July 2025 had merely set aside an ex parte judgment and restored the suit for hearing on the merits; it ordered no execution, eviction or irreversible step. If the appeal succeeds, appropriate remedies remain available. Staying proceedings would instead delay a dispute pending since 2016 and impede the Respondent's right to be heard on the merits.

p. 3

Legal principles established

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  • Stay of proceedings is a drastic judicial action that interferes with a litigant's right to conduct litigation and access to justice, and the test for granting it is high and stringent
  • In deciding whether to order a stay of proceedings, the Court weighs the need for expeditious disposal of cases, the prima facie merits (arguability) of the intended appeal, and the overall interests of justice

Court orders

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  1. 1.The Notice of Motion dated 21st July 2025 is dismissed with costs to the Respondent
Jurisdiction invoked
Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules, Sections 1A, 1B and 3A of the Civil Procedure Act

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, "Chege & another v Kibui (Environment and Land Case 1257 of 2016) [2026] KEELC 2015 (KLR)", Case Analysis (2026). ELC 1257 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2015/eng@2026-02-12

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