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ELCPartially AllowedELCLA NO. E013 OF 2024· [2026] KEELC 2125 (KLR)
Kaibei & another v Mwaura & 9 others (Environment and Land Appeal E013 of 2024) [2026] KEELC 2125 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court paused enforcement of a land judgment, but only on strict conditions: titles stay put, trees stay standing, and costs get paid.
What this practically means
#Executive summary
#The applicants (named plaintiffs in the heading, appellants in the body) moved the Environment and Land Court at Nyandarua by Notice of Motion dated 1/4/2025 seeking stay of execution of the judgment and decree delivered on 10/7/2024 in Nyahururu CMELC Case No. 34 of 2020, in which their claim was dismissed with costs. They deponed that they were aggrieved by the judgment and that, absent a stay, they risked eviction from the suit land and destitution, and asserted their appeal had high chances of success. The 1st to 7th respondents, through counsel Eunice Wamucii Ndegwa, filed a replying affidavit sworn on 22/5/2025 contending there was nothing to stay since the appellants' suit had been dismissed; the appellants had sought eviction of the respondents in the lower court, and only recovery of costs could be stayed. The court observed that it is wrong to assert no prejudice flows to a respondent from a stay, since time is of the essence in every judgment. Having read the judgment of E. H. Keago, Chief Magistrate, the court 'to balance the symmetry' ordered that the suit title numbers remain registered in the respondents' names pending determination of the appeal or further orders, that trees on the parcels not be cut down, felled or destroyed, and that half of the taxed costs be paid to the respondents' advocates within 45 days. The stay application was thus allowed on terms, preserving the status quo over the land pending appeal.
Key legal issues
#01
Whether stay of execution of a dismissed suit's decree should issue pending appeal
Holding
The court granted a conditional stay: the suit titles remain in the respondents' names pending the appeal, trees on the parcels are preserved, and half the taxed costs must be paid within 45 days.
Reasoning
The applicants stated they were aggrieved by the judgment dismissing their claim and risked eviction and destitution. The respondents argued there was nothing to stay since the suit was dismissed and only recovery of costs could be stayed. The court, balancing the parties' interests, preserved the status quo over the titles and trees while imposing a conditional costs payment to balance the symmetry between the parties.
p. 2
Legal principles established
#- It is incorrect for an applicant for stay of execution to assert that the respondent would suffer no prejudice, because time is of the essence in every judgment.
Court orders
#- 1.Title Nos. NYANDARUA/SILIBWET/2329, 2330, 2331, 2336, 2337, 2462 and 2365 in the names of the 1st, 2nd, 7th and 8th Defendants to remain in the names of the said 1st, 2nd, 7th and 8th Respondents until the determination of the appeal or further orders
- 2.NYANDARUA/SILIBWET/2330/2337/2362 in the names of the 1st Respondent to remain in the name of the 1st Respondent until the hearing and determination of the appeal or further orders
- 3.Title Nos. NYANDARUA/SILIBWET/2329, 2362, 2465, 2329 and 2361 registered in the names of the 2nd and 7th Respondents to remain in the said names until determination of the appeal or further orders
- 4.Title No. NYANDARUA/SILIBWET/2331 in the name of Muhuro Kaibei (Deceased) to remain in the name of the Deceased until the hearing and determination of the appeal or further orders
- 5.The trees on the aforesaid parcels of land should not be cut down, felled or destroyed until further orders of the Court
- 6.Half of the costs taxed to be paid to the Respondents' Advocates within the next 45 days
- On appeal from
- Chief Magistrate's Court at Nyahururu
- CMELC Case No. 34 of 2020
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts, invoking stay of execution pending appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kaibei & another v Mwaura & 9 others (Environment and Land Appeal E013 of 2024) [2026] KEELC 2125 (KLR)", Case Analysis (2026). ELCLA NO. E013 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2125/eng@2026-04-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.