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ELCAllowedEmbu MC ELC No. E016 of 2024 (Appeal)· [2026] KEELC 2114 (KLR)

Ibrahim v Korugari (Environment and Land Appeal E036 of 2025) [2026] KEELC 2114 (KLR)

Environment and Land Court
16 April 2026
ECE.C CHERONO
994 words in judgment
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The bottom line

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The Environment and Land Court in Embu stopped an eviction until an appeal is decided, because the appellant has lived on the land for over forty years.

What this practically means

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Executive summary

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The Applicant, Njoka Ibrahim, moved the Environment and Land Court at Embu by Notice of Motion dated 28th May 2025 seeking stay of execution of a judgment delivered on 12th May 2025 in Embu MC ELC No. E016 of 2024, in which the trial court entered judgment against him including an eviction order, costs and interest. He had lodged an appeal dated 26th May 2025. He argued that his counsel missed the judgment delivery due to technical challenges and so did not seek stay before the trial court; that he has lived on the suit property with his family for over forty years and heavily invested in it; that eviction would cause irreparable loss and render the appeal nugatory; and that the application was brought without undue delay. The Respondent, though granted opportunity, filed no replying affidavit or submissions. Applying Order 42 Rule 6(2) of the Civil Procedure Rules and the principles in Butt v Rent Restriction Tribunal [1982] KLR 417, the court found the roughly sixteen-day delay not inordinate and reasonably explained; held that eviction from long-occupied land constitutes substantial loss capable of rendering a successful appeal nugatory; and treated the security requirement flexibly given the non-monetary decree, imposing conditional orders instead. The application was allowed: stay of execution pending appeal was granted, with an injunction against alienation of the suit property, a sixty-day deadline to file and serve the record of appeal, automatic lapse of the stay on default, and costs of the application to abide the appeal.

Key legal issues

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01

Whether the conditions in Order 42 Rule 6(2) for stay of execution pending appeal were met

Holding

The court found all three conditions satisfied: no inordinate delay (sixteen days, reasonably explained), substantial loss (eviction from land occupied for over forty years), and security handled by way of conditional orders (non-alienation and expedited prosecution of appeal).

Reasoning

The court applied the settled triple test under Order 42 Rule 6(2): substantial loss, no unreasonable delay, and security. Delay of about sixteen days was held timeous. Eviction would alter the subject matter and render a successful appeal nugatory. Though no express security was offered, the requirement is discretionary; given a non-monetary decree of eviction, conditional orders (restraint on alienation and a 60-day deadline to file the record, with lapse of stay on default) adequately protect the Respondent.

p. 2

Legal principles established

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  • An applicant for stay must demonstrate substantial loss, file the application without unreasonable delay, and be willing to furnish security; the power is discretionary and should not render an appeal nugatory.
  • Eviction from long-occupied land constitutes substantial loss capable of rendering an appeal nugatory.

Court orders

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  1. 1.Stay of execution of the judgment and decree in Embu MC ELC No. E016 of 2024 delivered on 12th May, 2025 pending the hearing and determination of the appeal
  2. 2.The Applicant shall not alienate, transfer, lease, charge or in any manner dispose of the suit property pending determination of the appeal
  3. 3.The Applicant shall prosecute the appeal expeditiously and file and serve the record of appeal within sixty (60) days
  4. 4.In default of compliance with the filing order, the stay shall automatically lapse
  5. 5.Costs of the application shall abide the outcome of the appeal

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 Rule 6(2)

Cases cited (1)

  • Butt v Rent Restriction Tribunal
    [1982] KLR 417
On appeal from
Magistrates' Court (Embu)
Embu MC ELC No. E016 of 2024
Jurisdiction invoked
Order 42 Rule 6(2) of the Civil Procedure Rules

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, "Ibrahim v Korugari (Environment and Land Appeal E036 of 2025) [2026] KEELC 2114 (KLR)", Case Analysis (2026). Embu MC ELC No. E016 of 2024 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2114/eng@2026-04-16

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