Tanui v Kimilili Hauliers Limited (Land Case Appeal E066 of 2025) [2026] KEELC 2036 (KLR)
The bottom line
#The Environment and Land Court in Eldoret halted execution of a land judgment, protecting a deceased's estate property until the appeal is heard, on condition of a Kshs. 100,000 security deposit.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant demonstrated substantial loss warranting stay of execution
The court found that the applicant sufficiently demonstrated the substantial loss she would suffer, to the required standard.
The court noted the effect of the trial judgment — a permanent injunction and amendment of the RIM in accordance with title No. 24 — and that both parties claimed possession without conclusive evidence. Guided by James Wangalwa v Agnes Naliaka Cheseto, it held that execution alone is not substantial loss but found the applicant had shown that executing the decree would negate the core of her appeal, as the suit parcels form part of the free property of the deceased's estate pending distribution.
Whether the application was filed without undue delay
The application, filed on 24.11.2025 following judgment of 24.10.2025, was filed within 30 days, which was reasonable.
The court measured the delay between judgment and filing and found 30 days reasonable. It disregarded the respondent's averment that the judgment was issued on 24.10.2024, noting the annexed judgment was dated 24.10.2025 and that the assertion was meant to mislead the court.
Whether security for costs was provided
The element was satisfied; the applicant had shown readiness and willingness to abide by terms on security.
The applicant had throughout deponed that she was ready and willing to furnish security for the due performance of the decree at whatever terms the court might order. The court found this element satisfactorily proved and ultimately conditioned the stay on a deposit of Kshs. 100,000/= within 30 days, failing which the stay would lapse automatically.
Legal principles established
#- No appeal operates as an automatic stay of execution; stay requires substantial loss, absence of undue delay, and security for due performance of the decree
- Substantial loss is the cornerstone of stay jurisdiction and is what is prevented by preserving the status quo
Court orders
#- 1.The present Application be and is hereby allowed
- 2.Leave granted to the firm of M/s Emmanuel Kipkurui & Company Advocates to come on record and act for the Appellant/Applicant after judgment
- 3.An order for stay of execution issued against the judgment delivered on 24th October, 2025 in Eldoret Chief Magistrate's Court ELC Case No. E219 of 2023 and all other consequential orders pending the hearing and determination of the main appeal
- 4.The applicant to deposit Kshs. 100,000/= as security for costs in court within 30 days
- 5.Failure to comply with the security order, the stay order automatically lapses
- 6.Costs of the present application to be in the cause
- On appeal from
- Eldoret Chief Magistrate's Court
- ELC Case No. E219 of 2023
- Jurisdiction invoked
- Appellate/stay jurisdiction under Order 42 Rule 6 of the Civil Procedure Rules over an appeal from the Chief Magistrate's Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tanui v Kimilili Hauliers Limited (Land Case Appeal E066 of 2025) [2026] KEELC 2036 (KLR)", Case Analysis (2026). Notice of Motion dated 24th November, 2025 (Eldoret ELC Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2036/eng@2026-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.