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ELCAllowedNot stated in judgment

Angweye v Mulemi (Environment and Land Case 007 of 2022) [2026] KEELC 3633 (KLR)

Environment and Land Court
3 June 2026
ANA. NYUKURI
1,047 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kakamega court paused eviction for 24 months because the land had valuable buildings, but only after the defendant paid Kshs. 5 million security.

What this practically means

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Executive summary

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The defendant filed a notice of motion dated 18th December 2023 seeking stay of execution of the judgment delivered on 25th October 2023 pending an intended appeal. He filed a notice of appeal on 31st October 2023, lodged an appeal in the Court of Appeal (Appeal No. E204 of 2024), and cited delays in obtaining certified proceedings. He contended that execution would render the appeal nugatory, evict him from the suit property, and destroy developments and investments worth millions of shillings, supported by a record of appeal and valuation report. The plaintiff opposed, arguing the earlier stay had lapsed, execution is a lawful process not amounting to substantial loss, the defendant has occupied the property illegally since 2002 denying him rent, and that any stay should be conditional on depositing Kshs. 30,000,000/= as security. The court identified a single issue: whether the applicant met the Order 42 rule 6 threshold for stay. Applying that rule and Kenya Shell Limited v Benjamin Karuga Kibiru & Another, the court held that the buildings on the suit property - a fact not controverted - meant the applicant stood to suffer substantial loss, but recognised the respondent would be denied the benefits of his judgment while the applicant remained in possession. Balancing the competing interests, the court ordered stay of execution for 24 months, conditional on the defendant depositing Kshs. 5,000,000/= in court within 45 days as security for due performance of the decree, failing which execution to proceed. It made no order as to costs.

Key legal issues

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Whether the threshold for stay of execution pending appeal under Order 42 rule 6 was met

Holding

Stay granted for 24 months conditional on deposit of Kshs. 5,000,000/= security; the court balanced the applicant's substantial loss against the respondent's right to benefit from the judgment

Reasoning

The court found the applicant would suffer substantial loss as the suit property has buildings and developments not controverted by the respondent, meaning eviction would destroy investments. However, the respondent holds a judgment whose benefits would be denied while the applicant remains in possession. The court therefore balanced the competing interests and granted a time-limited conditional stay.

p. 3

Legal principles established

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  • Substantial loss is the cornerstone of the jurisdiction to grant stay pending appeal

Court orders

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  1. 1.Stay of execution of the judgment delivered on 25th October 2023 granted for a period of 24 months
  2. 2.Defendant/applicant to deposit Kshs. 5,000,000/= in court within 45 days as security for due performance of the decree; in default, execution to proceed
  3. 3.No order as to costs
Jurisdiction invoked
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, "Angweye v Mulemi (Environment and Land Case 007 of 2022) [2026] KEELC 3633 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3633/eng@2026-06-03

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