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ELCAllowedELC CASE NO. 1020 OF 2016· [2026] KEELC 3358 (KLR)

Dasahe Investments Limited v Mugo (Environment and Land Case 1020 of 2016) [2026] KEELC 3358 (KLR)

Environment and Land Court
4 June 2026
COChristine Ochieng
1,104 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court allowed the Deputy Registrar to sign land transfer documents for a defendant who refused to comply with an earlier judgment, despite a pending appeal.

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 Nairobi (Christine Ochieng, J) on the Plaintiff's Notice of Motion dated 12th November 2025 in ELC Case No. 1020 of 2016. The Plaintiff sought an order authorizing the Deputy Registrar to sign all transfer documents on behalf of the Defendant, Editor Irima Mugo, to give effect to the decree issued after judgment of 22nd February 2024, in which the Defendant was directed to deliver vacant possession of L.R No. 9084. The Plaintiff, through the supporting affidavit of Kevin Anami, Advocate, contended that despite service and knowledge of the judgment and decree, the Defendant refused to execute the transfer instruments. The Defendant opposed the application solely on the ground that she had lodged a Notice of Appeal dated 23rd February 2024 and had filed an application in the Court of Appeal on 11th April 2025 seeking stay of execution; she filed no submissions. The court framed a single issue: whether the Plaintiff had established a basis for authorizing the Deputy Registrar to execute the transfer documents. Relying on Section 98 of the Civil Procedure Act and Order 42 Rule 6(2) of the Civil Procedure Rules, the court held that execution is a lawful process and that an appeal or intended appeal does not operate as a stay. Finding a valid unsatisfied decree and no stay in place, the court allowed the application, authorized the Deputy Registrar to sign the transfer documents, and ordered the Defendant to bear the costs of the application.

Key legal issues

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Whether the court should authorize the Deputy Registrar to execute transfer documents on behalf of the Defendant

Holding

Yes; the application was allowed and the Deputy Registrar authorized to sign the transfer documents

Reasoning

Judgment had been entered for the Plaintiff on 22nd February 2024, directing the Defendant to deliver vacant possession of L.R No. 9084, and a decree was issued. The Defendant did not deny failing to execute the transfer documents; her only opposition was a pending application for stay before the Court of Appeal. Section 98 of the Civil Procedure Act empowers the court to authorize execution of documents by an officer of the court where a person neglects or refuses to comply with a decree, and under Order 42 Rule 6(2) an appeal or intended appeal does not operate as a stay. Absent any order of stay, there was no bar to granting the relief sought.

p. 7

Legal principles established

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  • An appeal or intended appeal does not operate as a stay of execution
  • Where a person neglects or refuses to comply with a decree directing execution of a document, the court may order that it be executed by a person nominated by the court

Court orders

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  1. 1.An Order authorizing the Deputy Registrar to sign all the necessary transfer documents on behalf of Editor Irima Mugo to give effect to the Decree of the court given on 22nd February 2024 relating to Land Reference Number 9084
  2. 2.The costs of the application to be borne by the Defendant
Jurisdiction invoked
Section 98 of the Civil Procedure Act

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, "Dasahe Investments Limited v Mugo (Environment and Land Case 1020 of 2016) [2026] KEELC 3358 (KLR)", Case Analysis (2026). ELC CASE NO. 1020 OF 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3358/eng@2026-06-04

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