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ELCOtherNot stated on the face of the judgment (the court was exercising appellate jurisdiction over Ngong MCELC E033 of 2021)· [2026] KEELC 2984 (KLR)

Sarich & another v Marigi & 3 others (Environment and Land Appeal E048 of 2024) [2026] KEELC 2984 (KLR)

Environment and Land Court
13 May 2026
723 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court paused all further action in a Ngong land dispute until the Court of Appeal decides the appeal, letting the buyer keep possession meanwhile.

What this practically means

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Executive summary

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In this ruling, the Environment and Land Court, sitting in its appellate jurisdiction over the judgment and decree of Hon. Helen C. Maritim (SRM) in Ngong MCELC E033 of 2021, dealt with an application by the Appellants dated 4th November 2025 seeking, among other things, a 30-day extension of the time granted to them to pay the balance of the purchase price, and a preliminary objection dated 12th November 2025 filed by the 1st and 4th Respondents. Before the matter could be heard, the parties informed the court of a status quo order issued by the Court of Appeal on 25th February 2026 in Nairobi Civil Application No. E736 of 2025, in which the parties agreed to maintain the status quo over the suit properties, with no interference with the titles or with possession, pending the hearing and determination of the appeal against the ELC's judgment of 30th October 2025. M.D. Mwangi, J, held that since the Court of Appeal was seized of an appeal against the court's own judgment, it was inappropriate to continue hearing applications incidental to that judgment, out of respect for the hierarchy of courts and the rule of law under Articles 10 and (as cited) 63(4) of the Constitution, and to avoid multiplicity of decisions. Finding no prejudice to any party - the Appellants remain in possession of the suit properties - the court, in its inherent powers for the ends of justice, stayed all further proceedings in the case pending the hearing and determination of the appeal. No costs order was made. The substantive application and preliminary objection were left undetermined.

Key legal issues

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01

Whether the court should stay further proceedings incidental to its own judgment pending an appeal in the Court of Appeal

Holding

Yes. Given the pendency of the appeal and the Court of Appeal's status quo order of 25th February 2026, the court stayed all further proceedings, holding that the Appellants (in possession) suffer no prejudice.

Reasoning

The Court of Appeal is seized of an appeal against the court's judgment. Continuing to hear applications arising from that judgment would risk conflicting decisions. The hierarchy of courts and Article 10's rule-of-law command weigh in favour of a stay. The status quo order preserves the Appellants' possession of the suit properties and the titles, so no party is prejudiced. The stay was granted under the court's inherent powers for the ends of justice.

p. 2

Legal principles established

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  • Where an appeal against a first-instance judgment is pending before the Court of Appeal, the trial court should stay proceedings on applications incidental to that judgment to avoid multiplicity of decisions and respect the hierarchy of courts.
  • Respect for the hierarchy of the judicial system guides the exercise of the court's jurisdiction, and the rule of law under Article 10 must be upheld.

Court orders

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  1. 1.The court, exercising its inherent powers for the ends of justice, stays any further proceedings in this case awaiting the hearing and determination of the appeal before the Court of Appeal.
On appeal from
Senior Resident Magistrate's Court at Ngong
Ngong MCELC E033 of 2021
Jurisdiction invoked
Inherent powers of the court for the ends of justice; hierarchy of courts under Article 163(4) of the Constitution and Article 10 (rule of law). Note: the judgment cites 'articles 63(4)' which appears to be a typographical reference to Article 164(4) (ELC appellate jurisdiction).

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, "Sarich & another v Marigi & 3 others (Environment and Land Appeal E048 of 2024) [2026] KEELC 2984 (KLR)", Case Analysis (2026). Not stated on the face of the judgment (the court was exercising appellate jurisdiction over Ngong MCELC E033 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2984/eng@2026-05-13

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