Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in the judgment· [2026] KEELC 3503 (KLR)

Ngugi v Nyamu (Environment and Land Appeal E003 of 2026) [2026] KEELC 3503 (KLR)

Environment and Land Court
9 June 2026
1,040 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court in Murang'a refused to pause a tribunal's Kshs 180,000 award because the tenant could not show loss or offer security.

What this practically means

#

Executive summary

#
This Environment and Land Court ruling at Murang'a, delivered virtually by M.N. Gicheru J on 9 June 2026, determined a notice of motion dated 21 January 2026 by the Appellant seeking stay of execution of a ruling of the Business Premises Rent Tribunal (Murang'a Case No. E010/2025) delivered on 18 December 2025, pending appeal. The Tribunal had awarded the Respondent Kshs 180,000 as compensatory damages and Kshs 30,000 as costs after finding the Appellant had harassed his tenant. The motion, opposed by the Respondent through a replying affidavit, was argued by counsel for the Appellant principally on the twin Kangethe Kinyanjui principles of an arguable appeal and a nugatory appeal. The court framed two issues: the applicable procedural regime, and whether the three conditions for stay were satisfied. It held that Order 42 rule 6 of the Civil Procedure Rules applies, by virtue of Section 19(2) of the Environment and Land Court Act, and that the Kangethe Kinyanjui principles apply only to Court of Appeal appeals. It found the application timely (Order 50 rule 4 suspending time over the court vacation) but held the Appellant failed to prove substantial loss, since paying Kshs 180,000 would not be substantial loss and no inability to refund was suggested, and made no offer of security, demonstrating lack of good faith. Failing two of three mandatory conditions, the motion was dismissed with costs in the cause.

Key legal issues

#
01

Applicable procedural regime for stay pending appeal to the ELC from the BPRT

Holding

Order 42 rule 6 of the Civil Procedure Rules applies, not Rule 5(2)(b) of the Court of Appeal Rules.

Reasoning

Section 19(2) of the Environment and Land Court Act binds the Court to the procedure laid down by the Civil Procedure Act. The twin principles in Stanley Kangethe Kinyanjui v Tony Keter (arguable appeal and nugatory appeal) govern appeals to the Court of Appeal only and are inapplicable to appeals to the Environment and Land Court. The motion was therefore to be tested against Order 42 rule 6(2).

p. 2
02

Whether substantial loss was established

Holding

No; payment of Kshs 180,000 would not constitute substantial loss and the Appellant did not show the Respondent could not refund if the appeal succeeded.

Reasoning

The court found the Appellant had not proved he stands to suffer substantial loss. If he paid the decretal sum of Kshs 180,000 to the Respondent, that would not be substantial loss. Critically, the Appellant's affidavit nowhere suggested that the Respondent would be unable to refund the amount should the appeal succeed, so the nugatory-risk element was not made out.

p. 3
03

Whether the application was filed without unreasonable delay

Holding

Yes; the motion was filed on time once court holidays were discounted.

Reasoning

The ruling appealed against was delivered on 18-12-2025 and the motion was filed on 22-1-2026. Under Order 50 rule 4 of the Civil Procedure Rules, time stopped running on 21-12-2025 and resumed on 14-1-2026, so the filing was within time. This, the only condition the Appellant satisfied, could not rescue the motion since all three conditions had to be met.

p. 3
04

Whether security for the due performance of the decree was offered

Holding

No; the Appellant's affidavit made no offer of security, which undermined the application and demonstrated lack of good faith.

Reasoning

Provision of security is a mandatory requirement under Order 42 rule 6(2)(b). The Appellant's fourteen-ground, seventeen-paragraph affidavit made no offer of security for the due performance of the decree. This failure was treated as undermining the application and demonstrating lack of good faith, independently disentitling him to the discretionary remedy.

p. 3

Legal principles established

#
  • An applicant seeking stay of execution pending appeal must satisfy all three conditions of substantial loss, absence of unreasonable delay and provision of security; failure to satisfy any one disentitles the applicant.
  • On an appeal to the Environment and Land Court from the BPRT, the applicable stay provisions are Order 42 rule 6 of the Civil Procedure Rules, by virtue of Section 19(2) of the Environment and Land Court Act, and not Rule 5(2)(b) of the Court of Appeal Rules; the twin Kangethe Kinyanjui principles do not apply.

Court orders

#
  1. 1.The notice of motion dated 21-1-2026 is dismissed
  2. 2.Costs in the cause
On appeal from
Business Premises Rent Tribunal, Murang'a
E010/2025
Jurisdiction invoked
Article 165(6) and (7) of the Constitution of Kenya; Sections 1A, 1B and 3A of the Civil Procedure Act; Order 42 rule 6 and Order 51 rule 1 of the Civil Procedure Rules; Section 19(2) of the Environment and Land Court Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Ngugi v Nyamu (Environment and Land Appeal E003 of 2026) [2026] KEELC 3503 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3503/eng@2026-06-09

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