Makumbi v Kalala (Environment and Land Appeal E005 of 2026) [2026] KEELC 2083 (KLR)
The bottom line
#The Environment and Land Court at Malindi paused execution of a land judgment so the losing party is not evicted while their appeal is decided.
What this practically means
#Executive summary
#Key legal issues
#Presence of an appeal under Order 42 Rule 6
The existence of a memorandum of appeal satisfied the prerequisite.
The court noted that a Memorandum of Appeal dated 27th January 2026 was on record. This satisfied the first condition under Order 42 Rule 6 of the Civil Procedure Rules that there be an appeal in place before stay of execution can be considered.
Inordinate delay
No inordinate delay; the application was filed promptly.
The impugned judgment was delivered on 23rd January 2026 and the application was filed on 28th January 2026, a gap of days. The court found the application had been brought quite promptly, satisfying the second consideration under Order 42 Rule 6.
Whether the appeal would be rendered nugatory
Stay granted because the decree exposed the appellants to eviction and the respondent did not assert possession.
The judgment below declared 50 acres to belong to the respondent's family and issued a permanent injunction against the appellants. The respondent was silent on possession, so if the appeal succeeded the appellants may have been denied possession without justification. Stay was accordingly warranted.
Legal principles established
#- A memorandum of appeal on record satisfies the prerequisite of the presence of an appeal under Order 42 Rule 6.
- Prompt filing of a stay application weighs in favour of granting stay pending appeal.
- Stay may issue where the decree exposes the applicant to eviction or dispossession and the respondent does not assert possession.
Court orders
#- 1.Stay of execution of the judgment in Kaloleni MCELC Number E027 of 2024 granted in terms of prayer number 3 of the application dated 27th January 2026, pending appeal
- 2.Stay orders conditional on the applicant filing and serving a record of appeal within 45 days from the date of the order and supplying the court with a hard copy, in default of which the stay orders automatically lapse
- 3.Mention on 24th June 2026 for directions as to the hearing of the appeal
- On appeal from
- Kaloleni Magistrates' Court (ELC)
- E027 of 2024
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makumbi v Kalala (Environment and Land Appeal E005 of 2026) [2026] KEELC 2083 (KLR)", Case Analysis (2026). Application dated 27th January 2026 (Kaloleni MCELC Number E027 of 2024, Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2083/eng@2026-03-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.