Kariuki v Ngaruiya (Environment and Land Miscellaneous Case E007 of 2026) [2026] KEELC 2221 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether leave should be granted to file the Memorandum of Appeal out of time under Section 79G of the Civil Procedure Act
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.
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.
Whether stay of execution should be granted pending appeal
Stay granted in the form of maintenance of status quo, conditioned on the Applicant filing and serving the record of appeal within 30 days.
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.
Legal principles established
#- 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
#- 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.The Applicant shall compile, file and serve a record of appeal within 30 days from the date of this ruling
- 3.The status quo to be maintained pending the filing, hearing and determination of the intended Appeal
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.