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ELCDismissed· [2026] KEELC 3559 (KLR)

Nkonge & 3 others v Mugambi (Environment and Land Appeal 13 of 2023) [2026] KEELC 3559 (KLR)

Environment and Land Court
10 June 2026
699 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Nanyuki dismissed landowners' bid for contempt and a stay because they waited five months and never pursued their appeal.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nanyuki, delivered by Lucy N. Mbugua J on 10th June 2026, determines an amended application dated 11.2.2026 filed by the appellants after their appeal was dismissed with costs on 24.9.2025. The applicants sought leave to institute contempt proceedings against the respondent, extension of stay of execution of the lower court's judgment/decree of 9th July 2019, stay of this Court's judgment pending an intended further appeal, an order that the respondent show cause why he should not be committed to civil jail for allegedly breaching the stay order of 24th September 2025 by demolishing structures on the suit property on 9th October 2025, and an order for reconstruction or compensation. No response was filed. The court applied Order 42 Rule 6 of the Civil Procedure Rules, citing Selestica Limited v Gold Rock Development Ltd [2015], and held that stay is discretionary upon sufficient cause, substantial loss, absence of unreasonable delay and provision of security. The court found the applicant mixed up in the relief sought, noted that prayer 3 sought stay of a lower court judgment although the appeal had been concluded, and held that the alleged breach on 9.10.2025 warranted an immediate return to court rather than an application filed five months later, long after the 30-day stay had lapsed. The applicants had also taken no step to actualize their stated intention to appeal. The application was dismissed with no orders as to costs.

Key legal issues

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01

Whether stay of execution should issue pending the intended appeal

Holding

The application was dismissed because it was filed five months after judgment, long after the 30-day stay had lapsed, and no steps had been taken towards the intended appeal.

Reasoning

Order 42 Rule 6 governs stay of execution pending appeal. The discretion requires sufficient cause, substantial loss, no unreasonable delay, and security. The applicants filed the application five months after the judgment of 24.9.2025 and long after the 30-day stay lapsed. Despite intimating a desire to appeal, they did not demonstrate any step to actualize that intention, so the intended appeal was not a pending proceeding and the delay was inordinate.

p. 2
02

Whether the applicant's prayers were coherent and properly anchored

Holding

The applicant was confused about the relief sought: prayer 3 sought stay of the lower court's judgment even though the appeal had been concluded.

Reasoning

The court observed the applicant appeared mixed up on what he wanted. Prayer 3 sought stay of the lower court's judgment although the appeal before the court had been concluded, leaving nothing pending. The allegation that the respondent breached a 30-day stay on 9.10.2025 warranted an immediate return to court, not an application filed five months later.

p. 2

Legal principles established

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  • Stay of execution pending appeal is discretionary and requires sufficient cause, substantial loss, absence of unreasonable delay, and provision of security
  • A party who alleges breach of a stay order must promptly return to court rather than delay
  • Stay of execution orders are ordinarily granted pending another proceeding

Court orders

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  1. 1.The application dated 11.2.2026 is dismissed with no orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 42 Rule 6

Cases cited (1)

  • Selestica Limited v Gold Rock Development Ltd
    [2015]
Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal) and the court's inherent powers over its own orders including contempt

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, "Nkonge & 3 others v Mugambi (Environment and Land Appeal 13 of 2023) [2026] KEELC 3559 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3559/eng@2026-06-10

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