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ELCPartially AllowedRunyenjes MCELC Appeal (Memorandum of Appeal against judgment in Runyenjes MCELC Case No. E020 of 2023)· [2026] KEELC 3156 (KLR)

Njeru (Suing as the Legal Representative and/or Substitute of the Late Rufus Njeru Kanambu) v Solomon (Environment and Land Case E077 of 2025) [2026] KEELC 3156 (KLR)

Environment and Land Court
21 May 2026
1,789 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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An Embu court paused eviction from family land pending appeal, but only after the appellant agreed to deposit Kshs. 100,000 as security within thirty days.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Embu (E.C Cherono, ELC Judge) on a Notice of Motion dated 07/11/2025 by Gideon Mbogo Njeru, who substituted his father Rufus Njeru Kanambiu in the lower court case. Following judgment delivered on 09/10/2025 in Runyenjes MCELC Case No. E020 of 2023 granting the Respondent a permanent injunction and police assistance orders against occupation of land parcel Kyeni/Kigumo/2027, the Applicant sought stay of execution, a temporary injunction in respect of Kyeni/Kigumo/2024, and maintenance of status quo pending appeal. The Respondent opposed, arguing the application was a delaying tactic, that no arguable appeal had been shown, and that costs should follow the event. The court framed three issues: stay of execution, temporary injunction, and status quo. It found the application filed timeously, held that execution would evict the Applicant from the family home occupied for decades, creating prejudice not easily reversible if the appeal succeeded, and therefore found substantial loss. The court fixed security at Kshs. 100,000/=, depositable within thirty days, failing which the stay lapses. It ordered both parties to maintain the status quo obtaining at the date of the ruling, but declined a separate temporary injunction as unnecessary. Costs of the application were made to abide the appeal. The application was partially allowed.

Key legal issues

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01

Whether the conditions for stay of execution pending appeal were satisfied

Holding

Stay granted: application filed about one month after judgment was without unreasonable delay; substantial loss (eviction from family home) demonstrated; security fixed by the court at Kshs. 100,000/=.

Reasoning

The court applied the settled Order 42 Rule 6 thresholds. Delay of approximately one month from judgment to application was found timeous. The decree directly affected possession and execution would evict the Applicant from the family home, a prejudice not easily reversible if the appeal succeeded. Although the Applicant proposed no specific sum, security is discretionary, so the court fixed Kshs. 100,000/= with default lapsing the stay.

p. 7
02

Whether a temporary injunction should issue

Holding

Declined; the status quo order sufficiently preserved the suit property pending appeal.

Reasoning

The court considered that a status quo order is intended to preserve the subject matter and prevent the appeal being rendered nugatory. Since occupation and use of the land remained contested between the parties, preservation of the prevailing state of affairs was the appropriate remedy, rendering a separate temporary injunction unnecessary.

p. 8

Legal principles established

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  • An applicant for stay of execution pending appeal under Order 42 Rule 6 must demonstrate application without unreasonable delay, substantial loss, and security for due performance of the decree.
  • Where execution of a decree would result in eviction of the applicant and the prejudice could not be reversed if the appeal succeeds, substantial loss is demonstrated.

Court orders

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  1. 1.Stay of execution of the judgment, decree and all consequential orders issued in Runyenjes MCELC Case No. E020 of 2023 on 09/10/2025 pending the hearing and determination of the appeal.
  2. 2.The Applicant to deposit Kshs. 100,000/= as security for the due performance of the decree within thirty (30) days of the ruling, failing which the order of stay shall automatically lapse.
  3. 3.Parties to maintain the status quo obtaining as at the date of the ruling; neither party shall evict, dispossess, alienate, cultivate new portions, or otherwise deal with the suit property in any manner capable of altering its current condition.
  4. 4.Prayer for a separate order of temporary injunction declined.
  5. 5.Costs of the application to abide the outcome of the appeal.

Authorities

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Legislation

  • Civil Procedure ActSection 3A
  • Civil Procedure ActSection 63(e)
  • Civil Procedure ActSection 27
  • Civil Procedure RulesOrder 42 Rule 6

Cases cited (1)

  • Giella v Cassman Brown
    [1973] EA 358
On appeal from
Senior Resident Magistrate's Court, Runyenjes
Runyenjes MCELC Case No. E020 of 2023
Jurisdiction invoked
Sections 3A and 63(e) of the Civil Procedure Act; Order 42 Rule 6 of the Civil Procedure Rules

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, "Njeru (Suing as the Legal Representative and/or Substitute of the Late Rufus Njeru Kanambu) v Solomon (Environment and Land Case E077 of 2025) [2026] KEELC 3156 (KLR)", Case Analysis (2026). Runyenjes MCELC Appeal (Memorandum of Appeal against judgment in Runyenjes MCELC Case No. E020 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3156/eng@2026-05-21

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