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ELCAllowedNotice of Motion dated 18.12.2025 (arising from Nyahururu CM ELC Case No. E017 of 2021)· [2026] KEELC 2187 (KLR)

Kibui v Mungai (Environment and Land Appeal E050 of 2025) [2026] KEELC 2187 (KLR)

Environment and Land Court (High Court), Nyahururu
16 April 2026
LMLUCY N. MBUGUA
299 words in judgment
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The bottom line

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A Nyahururu court paused the eviction ordered against a land occupier, showing judges will protect occupation pending appeal when eviction would end the dispute before it's heard.

What this practically means

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Executive summary

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This is a ruling on a notice of motion dated 18.12.2025 in which the appellant sought stay of execution of a judgment delivered on 18.11.2025 in Nyahururu CM ELC Case No. E017 of 2021, pending the hearing and determination of his appeal. The appellant contended that he was dissatisfied with the judgment, that execution would adversely affect him, and that it was necessary to preserve the substratum of the suit. The application was served but no response was filed. In determining the motion, the court adopted the test articulated in Winfred Nyawira Maina v Peterson Onyiego Gichana [2015] eKLR, as cited in Selestica Limited v Gold Rock Development Ltd [2015], namely that an applicant for stay pending appeal must show sufficient cause, demonstrate that he will suffer substantial loss if the appeal succeeds, bring the application without unreasonable delay, and give security sufficient to cover performance of the decree. The court found that the appeal had been filed on time. It further observed an internal tension in the trial court's judgment: the body of that judgment recorded that the appellant was the party in occupation of the suit land, yet the final orders required him to vacate it. On those facts the court held that the appellant had met the criteria for the orders sought and allowed the application. The stay of execution was granted pending the appeal, with the costs of the application ordered to abide the outcome of the suit. The ruling was delivered at Nyahururu on 16 April 2026 by Lucy N. Mbugua, Judge, through Microsoft Teams.

Key legal issues

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Whether the criteria for stay of execution pending appeal were met

Holding

Yes - the appeal was filed on time and execution would require the appellant, who is in occupation of the suit land, to vacate, thus preserving the substratum of the suit justified stay

Reasoning

The court applied the test in Winfred Nyawira Maina v Peterson Onyiego Gichana as cited in Selestica Limited v Gold Rock Development Ltd: substantial loss, reasonable delay and security. It noted the appeal was filed on time, and that although the trial court's judgment observed the appellant was in occupation of the suit land, the final orders required him to vacate. On that basis it found the criteria satisfied and allowed the application, with costs to abide the suit's outcome.

p. 1

Legal principles established

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  • A party seeking stay pending appeal must show sufficient cause and that it will suffer substantial loss if the appeal succeeds, must apply without unreasonable delay, and must give security sufficient to cover performance of the decree

Court orders

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  1. 1.Stay of execution of the judgment delivered on 18.11.2025 in Nyahururu CM ELC Case No. E017 of 2021 granted pending the hearing and determination of the appeal
  2. 2.Costs of the application to abide the outcome of the suit

Authorities

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Cases cited (2)

  • Winfred Nyawira Maina v Peterson Onyiego Gichana
    [2015] eKLR
  • Selestica Limited v Gold Rock Development Ltd
    [2015]
On appeal from
Nyahururu Chief Magistrate's Court (ELC)
CM ELC Case No. E017 of 2021
Jurisdiction invoked
Appellate/supervisory jurisdiction over appeals from the magistrates' court in land matters (not expressly stated in the judgment)

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, "Kibui v Mungai (Environment and Land Appeal E050 of 2025) [2026] KEELC 2187 (KLR)", Case Analysis (2026). Notice of Motion dated 18.12.2025 (arising from Nyahururu CM ELC Case No. E017 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2187/eng@2026-04-16

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