Gitura v Kariuki (Land Case Appeal E002 of 2026) [2026] KEELC 2804 (KLR)
The bottom line
#A Murang'a court paused execution of a land judgment because the losing party had built a permanent house on it, pending his appeal by January 2027.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant proved substantial loss
Substantial loss found only because the trial judgment recorded that the Applicant had built a permanent house on the suit land; no other evidence of loss was tendered
The court observed that the Applicant tendered no evidence of what he stood to lose - no photographs of developments on the land. The only indicator was the trial court's own finding that the Applicant may have built a permanent house on the land. On that sole basis the court was persuaded that the Applicant would suffer substantial loss warranting a stay.
Whether security for the due performance of the decree was provided
Security was not an impediment; other than costs, the Respondent had nothing to lose as the land would remain available to the successful party
The court found that apart from the costs of the suit, the Respondent would suffer no prejudice if execution was stayed, because in the event the appeal was dismissed the suit land would still be available to the successful party. This effectively satisfied the security consideration without any deposit being ordered.
Whether the application was filed without inordinate delay
The appeal and application were filed within time, applying Order 50 rule 4 on the suspension of time over the December/January vacation period
The judgment was delivered on 5-12-2025 and the appeal was filed on 13-1-2026. Applying Order 50 rule 4, which excludes the period from December 21st to January 13th in computing time, the court concluded that neither the appeal nor the motion was filed after unreasonable delay.
Legal principles established
#- An applicant for stay of execution pending appeal must prove substantial loss, expeditious filing of the motion, and offer security for the due performance of the decree.
- Under Order 50 rule 4 of the Civil Procedure Rules, time does not run from December 21st to January 13th.
Court orders
#- 1.Stay of execution of the judgment in Kenol MELC Case No. E007/2022 dated 5-12-2025 and all consequential orders, pending the hearing and determination of the appeal (allowed in terms of prayer 3)
- 2.Costs in the cause
- 3.Appeal to be heard and determined before 13-1-2027
- On appeal from
- Kenol Magistrates' Environment and Land Court
- E007/2022
- Jurisdiction invoked
- Order 42 rule 6(1) and (2) and Order 51 rule 1 of the Civil Procedure Rules; Sections 1A, 1B and 3A of the Civil Procedure Act; Article 159(2)(d) of the Constitution of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gitura v Kariuki (Land Case Appeal E002 of 2026) [2026] KEELC 2804 (KLR)", Case Analysis (2026). Notice of motion dated 20-1-2026 (arising from appeal against judgment in Kenol MELC Case No. E007/2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2804/eng@2026-05-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.