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ELCAllowedCMELC NO E040 of 2025 (application dated 22/10/25)· [2026] KEELC 2056 (KLR)

Embakasi Ranching Co Limited v Njoroge & another (Environment and Land Appeal E201 of 2025) [2026] KEELC 2056 (KLR)

Environment and Land Court
14 April 2026
JKJ G Kemei
807 words in judgment
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The bottom line

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Kenya's Environment and Land Court halted a land case so a company alleging it was silenced mid-trial can first pursue its appeal.

What this practically means

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Executive summary

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This was an application dated 22/10/25 seeking a stay of proceedings in CMELC No. E040 of 2025, a fiercely contested land ownership dispute between Moses Macharia Njoroge and Embakasi Ranching Co Ltd, pending the hearing and determination of an appeal. The applicant complained that on 25/9/25 the trial court ordered the 1st Defendant's case closed and directed filing of submissions, contending the matter had been listed for mention and not hearing, and that closing its case without evidence violated its constitutional right to a fair hearing. It had earlier been permitted, by a ruling of 7/7/25, to file its defence out of time. The respondent opposed via a replying affidavit, arguing the hearing date had been fixed in the presence of the applicant's advocates on 26/6/25, that the applicant's advocate simply failed to attend, that the refusal to adjourn was a negative order incapable of being stayed, and that the applicant was indolent and came with unclean hands. Framing the sole issue as whether the application was merited, the court recited Section 6 of the Civil Procedure Act and Halsbury's Laws of England on the sparing exercise of the power to stay proceedings, observing that a stay is a grave interruption of a party's right to litigate on the merits. Concluding that a stay was needed to enable the applicant to prosecute its appeal, the court allowed the application as prayed, with costs in the cause. Judgment was delivered virtually in Nairobi on 14 April 2026 by J G Kemei J.

Key legal issues

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Whether stay of proceedings pending appeal should issue where the applicant alleges its case was closed without being heard

Holding

The application was allowed to enable the applicant to prosecute its appeal, notwithstanding the respondent's objections based on the notification in the Court Tracking System, absence of counsel on the hearing date and alleged indolence

Reasoning

The court noted the dispute concerns fiercely contested ownership of land and that allowing the suit to be decided without the applicant's participation could cause serious financial harm and deny the court a fair and conclusive decision. The applicant's claim that closing its case without evidence violated the constitutional right to a fair hearing was accepted as sufficient to justify the stay pending appeal.

p. 2

Legal principles established

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  • A stay of proceedings is a serious interruption of a party's right to litigate on the merits and should be exercised sparingly and only in exceptional cases

Court orders

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  1. 1.The application dated 22/10/25 is allowed as prayed; proceedings in CMELC NO E040 of 2025 are stayed to enable the applicant to prosecute its appeal
  2. 2.Costs shall be in the cause

Authorities

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Legislation

  • Civil Procedure ActSection 6
Jurisdiction invoked
Inherent jurisdiction to stay proceedings pending appeal; Section 6 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, "Embakasi Ranching Co Limited v Njoroge & another (Environment and Land Appeal E201 of 2025) [2026] KEELC 2056 (KLR)", Case Analysis (2026). CMELC NO E040 of 2025 (application dated 22/10/25). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2056/eng@2026-04-14

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