Full Gospel Churches of Kenya - through its Registered Trustees v M'Ramare & another (Being sued as the legal representatives of M’Ramare Nkunga alias Ramare Nkunga) (Land Originating Summons E014 of 2023) [2026] KEELC 3816 (KLR)

The court held that under Order 42 Rule 6(4) it need only interrogate whether a Notice of Appeal has been filed. Whether the Notice was served within time and whether the appeal is competent fall outside the trial court's jurisdictional remit. A Notice of Appeal was filed within the timelines in Rule 77 of the Court of Appeal Rules, 2022, and its filing was conceded. However, sufficient cause alone is not enough; the applicant must still meet the Order 42 Rule 6(2) conditions.

Judgment was delivered on 02.10.2024 but the stay application was filed after more than 18 months, following the Respondent's successful application to lift the inhibition. The Applicants offered no reason or explanation for the delay. Citing Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet, the court held that any unexplained delay, even of 7 days, may be inordinate, and invoked the doctrine of laches per Chief Land Registrar & 5 others v Koech & 3 others.

Applying Kenya Shell Limited v Benjamin Karuga Kibiru, the court held that substantial loss is the cornerstone of a stay application and must be express and explicit, not inferred. The Applicants did not plead substantial loss in the application or aver to it in the affidavit. Their only complaint was fear of execution of a lawful decree, which cannot itself constitute substantial loss, per Butt v Rent Restriction Tribunal.