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ELCDismissedMeru ELC Appeal No E076 of 2021 (application dated 30/10/2025)· [2026] KEELC 3736 (KLR)

Ekandi v Etirikia (Environment and Land Appeal E058 of 2025) [2026] KEELC 3736 (KLR)

Environment and Land Court
8 June 2026
BEB M Eboso
1,266 words in judgment
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The bottom line

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The Environment and Land Court in Meru dismissed a judgment debtor's bid to pause enforcement of a payment order because he cited the wrong rule and had no pending appeal.

What this practically means

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Executive summary

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The applicant, Stephen Nturibi Etirikia, was the judgment debtor in Tigania SPMC E&L Case No 12 of 2018, in which the decree-holder, Cyprian Mutabari Ekandi, obtained a money decree. The applicant's appeal against that judgment was dismissed on 18/1/2023. After a notice to show cause on committal to civil jail, the trial court, by ruling uploaded on 31/7/2025, declined immediate committal but ordered payment of half the decretal sum (Kshs 1,061,650) within 90 days, the balance in monthly instalments of Kshs 50,000, with committal to civil jail on default. Aggrieved, the decree-holder filed an appeal. The applicant then moved the court by application dated 30/10/2025 seeking stay of enforcement of those orders pending hearing of the appeal, offering to pay over time or transfer land parcel Tigania West/Akithi III/1948. The decree-holder opposed, arguing the applicant had not honoured the decree. Eboso J held that the application failed: the applicant invoked Order 40 (interlocutory injunctions) instead of Order 42 rule 6(2) (stay pending appeal) and argued the Giella v Cassman Brown injunction test, revealing a misapprehension of the plea; the applicant, being a judgment debtor with no cross-appeal, could not anchor a stay plea; substantial loss was not demonstrated; no security was offered; and there was a three-month delay. The application was dismissed with costs to the applicant's burden.

Key legal issues

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Whether the application satisfies the criteria for stay of execution pending appeal under Order 42 rule 6(2)

Holding

It does not. The applicant invoked the wrong provision (Order 40), argued an interlocutory injunction test, had no appeal of his own, failed to demonstrate substantial loss, offered no security, and brought the application after a three-month delay.

Reasoning

The court held that Order 40 governs interlocutory injunctions in trial jurisdiction and cannot found a stay pending appeal; only Order 42 rule 6(2) does. The applicant, a judgment debtor whose substantive appeal was dismissed, was not aggrieved by the impugned ruling and elected not to appeal it. He did not demonstrate substantial loss, said nothing on security, and delayed three months. Costs follow the event.

p. 3

Legal principles established

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  • Order 40 of the Civil Procedure Rules confers jurisdiction to grant interlocutory injunctions when the court sits as a trial court, but does not confer jurisdiction to grant stay of execution pending appeal, which is governed by Order 42 rule 6(2)
  • A judgment debtor who has no cross-appeal of his own cannot anchor a plea for stay of execution pending appeal, and cannot claim substantial loss pending disposal of 'his appeal' where his earlier appeal was dismissed

Court orders

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  1. 1.The application dated 30/10/2025 is rejected and dismissed for lack of merit
  2. 2.The applicant, Stephen Nturibi Etirikia, shall bear costs of the application
Jurisdiction invoked
Order 42 rule 6(2) of the Civil Procedure Rules (stay of execution pending appeal); Environment and Land Court Act jurisdiction

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, "Ekandi v Etirikia (Environment and Land Appeal E058 of 2025) [2026] KEELC 3736 (KLR)", Case Analysis (2026). Meru ELC Appeal No E076 of 2021 (application dated 30/10/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3736/eng@2026-06-08

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