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ELCPartially AllowedNotice of Motion dated 3rd February 2026 (arising from Nakuru BPRT E006/2023)· [2026] KEELC 2221 (KLR)

Kariuki v Ngaruiya (Environment and Land Miscellaneous Case E007 of 2026) [2026] KEELC 2221 (KLR)

High Court of Kenya
22 April 2026
1,865 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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The High Court in Nakuru let a tenant appeal a Kshs. 687,830 rent arrears judgment late, and froze the situation until the appeal is decided.

What this practically means

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Executive summary

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This ruling by the High Court at Nakuru (M. A. Odeny, J) determined a Notice of Motion dated 3rd February 2026 in which the Applicant, John Mwangi Kariuki, sought leave to file a Memorandum of Appeal out of time and a stay of execution of the judgment in Nakuru BPRT E006 of 2023, delivered on 19th December 2025, in which the Respondent was awarded Kshs. 687,830 in accrued rent arrears. The Applicant attributed the delay in filing the appeal to the court registry's failure to provide typed proceedings and the certified judgment despite numerous follow-ups, obtaining the judgment only on 29th January 2026. The Respondent opposed, contending the application was an abuse of process, that no plausible reason for the delay was given, and that no substantial loss or security had been demonstrated; he alternatively sought a deposit of the decretal sum. The court framed two issues: whether the threshold for leave to appeal out of time was met, and whether stay should issue. Applying Section 79G of the Civil Procedure Act, the Omar Shurie factors, the Salat guidelines and the County Executive of Kisumu decision, the court found the delay of approximately one month and one week not inordinate and adequately explained, and granted leave. On stay, the court held it would be futile to grant leave without preserving the position, and ordered maintenance of status quo pending the appeal, conditioned on the Applicant compiling, filing and serving the record of appeal within 30 days. Costs of the application were to abide the outcome of the appeal. The application was allowed.

Key legal issues

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01

Whether leave should be granted to file the Memorandum of Appeal out of time under Section 79G of the Civil Procedure Act

Holding

Leave granted; the delay of approximately one month and one week was not inordinate and was adequately explained by the registry's failure to avail typed proceedings and the certified judgment.

Reasoning

The court applied the Omar Shurie factors and the Salat guidelines: length and reason for delay, chances of success and prejudice. The Applicant explained the delay of about 45 days was occasioned by the registry not providing typed proceedings despite follow-ups, receiving the judgment only on 29th January 2026. The delay was not inordinate and the discretion was judiciously exercised in the Applicant's favour.

p. 3
02

Whether stay of execution should be granted pending appeal

Holding

Stay granted in the form of maintenance of status quo, conditioned on the Applicant filing and serving the record of appeal within 30 days.

Reasoning

The court reasoned that granting leave to appeal out of time without preserving the position would be futile. Accepting that stay preserves the substratum of the case, and noting the Applicant's willingness to abide by conditions, the court ordered status quo to be maintained pending the hearing and determination of the intended appeal.

p. 4

Legal principles established

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  • Extension of time is a discretionary equitable remedy assessed on the length of and reason for delay, chances of success and prejudice to the respondent
  • Each application to extend time must be determined on its own merits with the whole period of delay stated and explained
  • A stay of execution preserves the substratum of the case pending appeal

Court orders

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  1. 1.The Applicant is granted leave to file an appeal out of time against the judgment in Nakuru BPRT E006 of 2023 delivered on 19th December, 2025
  2. 2.The Applicant shall compile, file and serve a record of appeal within 30 days from the date of this ruling
  3. 3.The status quo to be maintained pending the filing, hearing and determination of the intended Appeal
  4. 4.The costs of this application shall abide the outcome of the appeal
On appeal from
Hon. Tribunal (Business Premises Rent Tribunal), Nakuru
Nakuru BPRT E006/2023
Jurisdiction invoked
Section 79G of the Civil Procedure Act and Order 42 Rule 6 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, "Kariuki v Ngaruiya (Environment and Land Miscellaneous Case E007 of 2026) [2026] KEELC 2221 (KLR)", Case Analysis (2026). Notice of Motion dated 3rd February 2026 (arising from Nakuru BPRT E006/2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2221/eng@2026-04-22

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