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ELCDismissedNot stated in the judgment (application dated 10/4/2026)· [2026] KEELC 3995 (KLR)

Akalale v Munyes (Environment and Land Appeal E001 of 2026) [2026] KEELC 3995 (KLR)

Environment and Land Court
29 June 2026
1,665 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 dismissed a stay application because the applicant gave no evidence of loss and offered no security.

What this practically means

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Executive summary

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The Environment and Land Court at Kitale (C.K. Nzili, J) ruled on a notice of motion dated 10/4/2026 in which Alice Akuwom Akalale, the applicant, sought a stay of execution of a decree issued by the lower court on 11/3/2026, pending the hearing and determination of her appeal. She deposed that she had resided on Plot No. 306B, Naiwatorong, Lodwar Township since 2013, had permanent structures there, and operated a hotel business as her sole livelihood, and that eviction would cause her irreparable loss. The respondent, Ian Ekal Munyes, her nephew, opposed the application, asserting that the land belonged to him and his siblings (orphans of the late Isaac Ekai, the original allottee), that the applicant had replaced the deceased's name in the register without succession proceedings - conduct the trial court had characterized as intermeddling - and that she was an illegal occupant deriving income from land decreed to him. He undertook not to transfer the land to third parties. The court restated the settled conditions for stay under Order 42: promptness, substantial loss, and security, to be met distinctly and separately. It found the applicant's allegations of substantial loss vague and unsupported by any valuation report, photographs, business records or building plans; noted the unexplained delay of nearly a month in filing; and observed that no security whatsoever had been offered. The application was dismissed with costs, and the deputy registrar was directed to call for the lower court file for mention in a month.

Key legal issues

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01

Conditions for grant of stay of execution under Order 42

Holding

The three conditions - no unreasonable delay, substantial loss, and security - must all be met; the applicant failed on substantial loss and security

Reasoning

The court applied established stay jurisprudence: pendency of an appeal is not an automatic stay; the discretion must be exercised on sound principles based on evidential material. The applicant offered only general allegations of loss, no security, and an unexplained delay of nearly a month.

p. 2
02

Substantial loss and evidentiary burden

Holding

Execution per se is not substantial loss; the applicant tendered no valuation report, photographs, business records or building plans to substantiate the alleged loss

Reasoning

Relying on authorities including Wangalwa v Chesoto and Kang'ethe Kinyanjui, the court held that an applicant must show what loss or damage would negate the substratum of the appeal. The applicant, declared a trespasser with her counterclaim dismissed, did not substantiate the claimed irreparable loss.

p. 3
03

Security for due realization of the decree

Holding

Security is mandatory and none was offered; willingness to comply with court-imposed terms is not enough

Reasoning

Citing Arun C. Sharma and Focin Motorcycle, the court held that security acts as a guarantee of due performance of the decree and a proposal of security is a mark of good faith. The applicant merely alleged willingness to comply with terms, which the court found insufficient.

p. 3

Legal principles established

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  • A stay applicant must file the application without unreasonable delay, demonstrate substantial loss, and offer security for the due realization of the decree; the three conditions must be met distinctly and separately
  • Mere or vague assertions of substantial loss are insufficient; the applicant must lay tangible evidence upon which the court can find substantial loss

Court orders

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  1. 1.The application dated 10/4/2026 seeking stay of execution is dismissed
  2. 2.The applicant to pay the respondent's costs of the application
  3. 3.The deputy registrar is directed to call for the lower court file for mention in a month
On appeal from
Lower court (not named in the judgment)
Jurisdiction invoked
Order 42 of the Civil Procedure Rules (stay of execution pending appeal)

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, "Akalale v Munyes (Environment and Land Appeal E001 of 2026) [2026] KEELC 3995 (KLR)", Case Analysis (2026). Not stated in the judgment (application dated 10/4/2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3995/eng@2026-06-29

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