Sarich & another v Marigi & 3 others (Environment and Land Appeal E048 of 2024) [2026] KEELC 2984 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the court should stay further proceedings incidental to its own judgment pending an appeal in the Court of Appeal
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.
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.
Legal principles established
#- 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
#- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.