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ELCAllowedELCA E102 of 2025

Mureu v Wambugu & another (Being sued as Guardians of Mary Wanjiru Wambugu) (Environment and Land Appeal E102 of 2025) [2026] KEELC 3959 (KLR)

Environment and Land Court
30 June 2026
1,902 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court stopped enforcement of a land judgment, but only because the losing party agreed to deposit Kshs.500,000 as security while appealing.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (L Komingoi, J) determines an application dated 3rd February 2026 by the Appellant, Godfrey Macharia Mureu, seeking stay of execution of the judgment of Hon. D. Mosse delivered on 15th December 2025 in Molo CM ELC No. E006 of 2024, in which the Respondents, Godfrey Maina Wambugu and John Nderitu Wambugu (suing as guardians of Mary Wanjiru Wambugu), prevailed over the Appellant in a dispute over parcel Nakuru/Kapsita/400. The Appellant deponed that he had occupied the parcel since 2001 following government allotment after the 1992 tribal clashes, that the Respondents had attempted to forcibly evict his caretaker and threatened to dispose of the parcel, and that execution would render his appeal nugatory. The Respondents countered that no substantial loss was evidenced, that a government caveat prevented sale, that the application was filed after a 50-day delay, and that no security had been offered. The court framed one main issue: whether the application was merited, applying Order 42 Rule 6 of the Civil Procedure Rules. It held the delay of less than two months was not inordinate; that the Appellant had not demonstrated substantial loss as there was no evidence the Respondents intended to sell; but balancing the competing interests of the successful litigant and the appellant's right of appeal, and noting the Appellant's willingness to furnish security, it allowed the application. Stay of execution was granted on condition that the Appellant deposits Kshs.500,000/= as security for costs in a joint interest-earning account within 45 days, failing which the stay lapses automatically. The Appellant was directed to file the Record of Appeal within 60 days, and costs of the application were to abide the outcome of the appeal.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the application for stay of execution pending appeal is merited
  2. 2.Who should bear the costs of the application

Key legal issues

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01

Whether the application was made without unreasonable delay

Holding

The delay of less than two months between judgment (15th December 2025) and the application (3rd February 2026) was not inordinate

Reasoning

The court compared the date of delivery of the trial judgment with the date of filing of the application and the memorandum of appeal, found a time difference of less than two months, and held that timeous filing is one limb of the Order 42 Rule 6 threshold which the appellant satisfied.

p. 9
02

Whether the Appellant demonstrated substantial loss

Holding

The Appellant did not demonstrate substantial loss; there was no evidence that the Respondents intended to sell the suit parcel to a third party

Reasoning

The court weighed the appellant's claim of eviction from land occupied since 2001 against the respondents' averment that they intended to build homes and that a government caveat prevented sale. Finding no evidence of intended sale or alienation, the court was not convinced substantial loss had been shown.

p. 10
03

Whether stay should issue conditioned on security for due performance of the decree

Holding

Stay was granted conditional on the Appellant depositing Kshs.500,000/= as security for costs in a joint interest-earning account within 45 days

Reasoning

Relying on the competing-interests balancing principle, the court noted the appellant's stated willingness to provide security and exercised its judicious discretion to grant stay on security conditions, with automatic lapse in default and a direction to file the record of appeal within 60 days.

p. 10

Legal principles established

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  • In an application for stay, the court balances the successful litigant's right to the fruits of judgment against the unsuccessful litigant's right to have his appeal not rendered nugatory, and security for due performance of the decree is the usual mechanism

Court orders

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  1. 1.Stay of execution of the judgment of Hon. D. Mosse delivered on 15th December 2025 in Molo CMELC No. E006 of 2024 is granted, on condition that the Appellant deposits Kshs.500,000/= being security for costs in a joint interest-earning account in the names of the Advocates for the Appellant and for the Respondents within forty-five (45) days from the date of the ruling, in default the orders of stay shall lapse automatically
  2. 2.The Applicant is directed to file the Record of Appeal within sixty (60) days so that the Appeal can be heard expeditiously
  3. 3.Costs of the application shall abide the outcome of the Appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Molo Chief Magistrate's Court (CM ELC)
E006 of 2024
Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot of the matter is that I find merit in the application and the same is allowed
p. 11disposition
a stay of execution of the judgment of Hon. D. Mosse delivered on 15th December 2025 in Molo CMELC No. E006 of 2024; is granted
p. 11final orders - stay granted
on condition that the Appellant does deposit Kshs500,000/= being security for costs in a joint interest earning account in the names of the Advocates for the Appellant and for the Respondents within forty-five (45) days from the date of this ruling
p. 12final orders - security condition
That cost of this application shall abide the outcome of the Appeal.
p. 12costs
this court is convinced that the Appellant has not demonstrated that he will suffer substantial loss if stay of execution is not granted
p. 10substantial loss
these two competing interests should always be balanced in a bid to balance the two competing interests, the Courts usually make an Order for suitable security for the due performance of the Decree as the parties wait for the outcome of the Appeal
p. 11balancing test for stay

Issues in the judgment

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minor

Internal date inconsistency: the Appellant's submissions are dated 22nd May, 2025, which predates the trial judgment of 15th December, 2025 and the application of 3rd February, 2026

minor

The Respondent's submissions are dated 11th May, 2026 while the reference in the judgment body says the court is deciding whether the Appellant moved promptly 'after delivery of judgment'; also the 1st Respondent is referred to in the singular although there are two Respondents

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, "Mureu v Wambugu & another (Being sued as Guardians of Mary Wanjiru Wambugu) (Environment and Land Appeal E102 of 2025) [2026] KEELC 3959 (KLR)", Case Analysis (2026). ELCA E102 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3959/eng@2026-06-30

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