Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedELC Civil Suit No. E113 of 2025· [2026] KEELC 4055 (KLR)

Muriuki v Kariuki (Environment and Land Case Civil Suit E113 of 2025) [2026] KEELC 4055 (KLR)

Environment and Land Court
26 June 2026
2,015 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

#

Kenya's Environment and Land Court paused collection of Kshs 1.78 million in rent arrears until an appeal is heard, but only if half the amount is deposited within 45 days.

What this practically means

#

Executive summary

#
The Applicant, Andrew Muriuki, moved the Court by Notice of Motion dated 24th June 2025 under Order 42 Rule 6 and Order 51 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act, seeking a stay of execution of the ruling of the Business Premises Rent Tribunal in BPRT Nairobi Tribunal Case No. E021 of 2023, delivered 26th May 2025, pending his appeal, with costs in the cause. He contended he had an arguable appeal and that execution would render it nugatory, particularly through possible disposal of his tools of trade. The Respondent filed a replying affidavit sworn by Diria Abdi Ahmed, but the court found the deponent had neither disclosed his capacity nor exhibited authority to depose for the Respondent, struck out the affidavit, and proceeded on the basis that the application was unopposed. Framing the single issue whether the Applicant met the Order 42 Rule 6 threshold, the court applied the Butt v Rent Restriction Tribunal discretion guidelines, RWW v EKW and Consolidated Marine on preserving the subject matter, Charles Wahome Gethi and Mukuma v Abuoga on substantial loss, and Arun C Sharma on security. It found substantial loss established, no unreasonable delay in filing about a month after the ruling, and held that although the Applicant had not volunteered security, the court could direct it. The application was allowed: a stay of execution of the Tribunal ruling was granted pending the appeal, conditional on the Applicant depositing half the decretal sum (rent arrears of Kshs 1,775,900) in a joint interest-earning account in the advocates' names within 45 days, failing which the stay lapses automatically. Costs abide the outcome of the appeal.

Key legal issues

#
01

Whether the replying affidavit was competent

Holding

The replying affidavit was incompetent as the deponent did not disclose his capacity or authority, so it was struck out and the application proceeded unopposed

Reasoning

The deponent, Diria Abdi Ahmed, was neither the Respondent nor did he disclose the capacity in which he swore the affidavit. No authority was exhibited to show he was authorised to depose on the Respondent's behalf. The court therefore struck out the affidavit, leaving the application unopposed.

p. 2
02

Whether substantial loss was demonstrated

Holding

Substantial loss was established

Reasoning

The Tribunal ruling directed the Appellant to pay rent arrears of Kshs 1,775,900. The Applicant was apprehensive that execution would commence if no stay was granted. On the evidence on record the court found that irreparable loss would result absent a stay.

p. 8
03

Whether the application was made without unreasonable delay

Holding

The application was filed without unreasonable delay

Reasoning

Judgment was delivered on 26th May 2025 and the application was filed on 24th June 2025, roughly a month later. The court found this did not constitute unreasonable delay under Order 42 Rule 6(2)(a).

p. 9
04

Whether security for the due performance of the decree had been given

Holding

The Applicant had not expressed willingness to provide security, but the court could direct it and did so by ordering a deposit of half the decretal sum

Reasoning

Order 42 Rule 6(2)(b) is mandatory. Although the Applicant had not expressed willingness to provide security, the court held it could direct him to do so, and conditioned the stay on a deposit of half the decretal sum in a joint interest-earning account, failing which the stay would lapse automatically.

p. 10

Legal principles established

#
  • The court must balance the rights of the successful party against those of the appellant whose appeal may be rendered nugatory
  • The applicant must prove, not merely assert, substantial loss
  • Security under Order 42 Rule 6(2)(b) is a mandatory condition for a stay

Court orders

#
  1. 1.A stay of execution of the Tribunal ruling is hereby granted pending the hearing and determination of the Appeal
  2. 2.The Applicant shall deposit half the decretal sum in a joint interest-earning account in the names of the parties' advocates within 45 days from the date of this ruling
  3. 3.In default of compliance with prayer (b) above, the stay shall lapse automatically
  4. 4.Costs of the application will abide with the outcome of the appeal

Authorities

#

Legislation

  • Civil Procedure RulesOrder 42 Rule 6(1) and (2); Order 42 Rule 6(2)(b); Order 51 Rules 1, 3, 4 and 10; Order 22
  • Civil Procedure ActSections 1A, 1B, 3A and 27

Cases cited (8)

  • Butt v Rent Restriction Tribunal
    (1979) KECA 22 (KLR); also cited as (1982) KLR 417
  • Jasbir Sing Rai & 3 others v Tarlochan Sing Rai
    eKLR
  • Cecilia Karuru Ngayu v Barclays Bank of Kenya & another
    (2016) eKLR
  • RWW vs EKW
    (2019) eKLR
  • Consolidated Marine vs Nampijja & Another
    Civil App No. 93 of 1989 (Nairobi)
  • Charles Wahome Gethi vs Angela Wairimu Gethi
    (2008) eKLR
  • Mukuma vs Abuoga
    (1988) KLR
  • Arun C Sharma vs Ashana Rakundalia T/A Raikundalia & Co. Advocates & 2 Others
    (2014) eKLR
On appeal from
Business Premises Rent Tribunal (BPRT) Nairobi
Tribunal Case No. E021 of 2023
Jurisdiction invoked
Order 42 Rule 6 and Order 51 Rules 1, 3, 4 and 10 of the Civil Procedure Rules; Sections 1A, 1B and 3A of the Civil Procedure Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Muriuki v Kariuki (Environment and Land Case Civil Suit E113 of 2025) [2026] KEELC 4055 (KLR)", Case Analysis (2026). ELC Civil Suit No. E113 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4055/eng@2026-06-26

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