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ELCDismissedMombasa HCCOS 328 of 2010 (application dated 19th January 2026)

Maneno & 4 others v Ibrahim & 3 others (Environment and Land Case 30 of 2016) [2026] KEELC 2349 (KLR)

Environment and Land Court
20 April 2026
457 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Malindi refused to pause execution of a judgment because the decree itself was obtained illegally, and courts will not protect illegal gains.

What this practically means

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Executive summary

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The Environment and Land Court at Malindi (Mwangi Njoroge, J) ruled on a Notice of Motion dated 19th January 2026 in which the first, second and third defendants sought a stay of execution of the court's judgment delivered on 18th December 2025 pending appeal, invoking Order 42 Rule 6. The court noted that a Notice of Appeal had been filed on 22nd December 2025 and that an appeal was in place. On timeliness, it found no inordinate delay: the application, filed on 20th January 2026, came about 8 days before the expiry of the original 30-day stay granted at judgment. However, on substantial loss the court was not satisfied that the applicants deserved a stay. The court recalled that in its judgment it had detected irregularity: a portion of land, LR Number 3590, had been wrongly included in the decree executed in Mombasa HCCOS 328 of 2010, and the circumstances suggested this was not a bona fide mistake; the court had already ordered the Director, Criminal Investigations Department to investigate who applied for and obtained that decree. It held that the execution of that earlier decree, as extracted, was wrongful and illegal in the first place, and that the third applicant was a beneficiary of an illegally obtained decree. Halting execution would perpetuate those illegalities, which is not good for the administration of justice. The application was accordingly dismissed with costs, by ruling dated, signed and delivered at Malindi on 20th April 2026.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the application was brought timeously (without inordinate delay)
  2. 2.Whether substantial loss would be occasioned to the applicants if stay is not granted
  3. 3.Whether stay of execution of the judgment delivered on 18th December 2025 pending appeal should be granted

Key legal issues

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01

Timeliness of the application for stay

Holding

The application was filed without inordinate delay, within the currency of a 30-day stay granted at judgment

Reasoning

Judgment was delivered on 18th December 2025 with a 30-day stay. The application filed on 20th January 2026 came about 8 days before expiry of that stay, so no inordinate delay.

p. 1
02

Substantial loss and propriety of stay

Holding

Stay refused because the decree being executed was wrongful and illegal, and execution must proceed to correct the irregularity

Reasoning

The court had found a portion of land (LR 3590) wrongly included in the decree in Mombasa HCCOS 328 of 2010, apparently not by bona fide mistake, and had ordered CID investigations. The execution of that decree was wrongful and illegal, and the third applicant benefited from an illegally obtained decree. Halting execution would perpetuate the illegality, contrary to the administration of justice.

p. 1

Legal principles established

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  • A stay of execution will not be granted where it would perpetuate illegalities in the execution of a decree

Court orders

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  1. 1.The application dated 19th January 2026 is dismissed
  2. 2.Costs of the application awarded to the respondents

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules

Relief refused

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Stay of execution of the judgment delivered on 18th December 2025 pending appeal

The application was not shown to warrant stay; the earlier decree was wrongful and illegal, and halting execution would perpetuate the illegalities

p. 2

Costs

Application dismissed with costs to the respondents

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Halting execution of the decree in the present case would mean that the illegalities of the execution of the earlier decree in Mombasa HCCOS 328 Of 2010 will persist, which situation is not good for the administration of justice.
p. 2Stay of execution and illegality
Owing to the foregoing reasons, this court finds it not necessary to grant the stay of execution order sought, and the application dated 19th January 2026 is hereby dismissed with costs.
p. 2Final orders - dismissal of application
In the circumstances, the execution of that decree in Mombasa HCCOS 328 Of 2010, as extracted, was wrongful and illegal in the first place.
p. 1Wrongful and illegal execution of decree

Issues in the judgment

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minor

The judgment refers to 'first and second respondent' when discussing the decree, apparently meaning the first and second defendants/applicants; also 'a beneficiary of a degree' appears to be a typographical error for 'decree'

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, "Maneno & 4 others v Ibrahim & 3 others (Environment and Land Case 30 of 2016) [2026] KEELC 2349 (KLR)", Case Analysis (2026). Mombasa HCCOS 328 of 2010 (application dated 19th January 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2349/eng@2026-04-20

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