Nyanjui & another v Nyanjui (Land Case Appeal E009 of 2025) [2026] KEELC 3088 (KLR)

The Court applied the Kenya Shell Ltd v Kibiru test that substantial loss is the cornerstone of the stay jurisdiction. The Applicants' claim rested only on their long-term occupation of Kabete/Nyathuna/3126, while the Respondent showed her own displacement and rental expenses of Kshs 25,000/= monthly. Following Suleiman v Amboseli Resort, the Court held the balance of convenience favoured the Respondent as the successful party entitled to the fruits of her judgment.

The Respondent argued laches, noting the Memorandum of Appeal was lodged on 30/01/2025 but the application was not filed until March 2025. The Applicants attributed the delay to obtaining certified copies of the judgment and proceedings and receiving instructions. The Court invoked Machira v East African Standard, cautioning against shedding crocodile tears for an appellant while disregarding the successful party, and treated the delay as a significant bar to the discretionary relief sought.

The Court relied on Mwaura Karuga T/A Limit Enterprises v Kenya Bus Services for the proposition that the security must achieve due performance of the ultimate Decree, including costs and interest. Given the Respondent's evidence that she was paying Kshs 25,000/= monthly rent after being displaced, the absence of any offer of security, coupled with the failure to demonstrate substantial loss, was fatal to the application. The Court declined to use its inherent Section 3A jurisdiction to bypass the statutory requirements.

The Court scrutinised the Applicants' reliance on COI & Another v Chief Magistrate Ukunda Law Courts and found the case concerned fundamental rights and criminal procedure, wholly unrelated to stay of execution in a land dispute. The Court characterised the citation as legally sloppy, flagged the possibility of uncritical AI use in legal drafting, and warned that advocates must personally verify authorities to ensure they are relevant, accurate and substantively sound. This weighed against the credibility of the application.