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ELCDismissedNotice of motion application dated 24.3.2026· [2026] KEELC 4198 (KLR)
Mwiti & another v Nduati & 4 others (Environment and Land Case E002 of 2022) [2026] KEELC 4198 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#A Kenyan land court refused to pause eviction orders because the applicants were defying their own earlier agreement to vacate.
What this practically means
#Executive summary
#The plaintiffs (applicants) moved the Environment and Land Court at Nanyuki by notice of motion dated 24.3.2026 seeking a temporary stay of execution of the court's ruling and orders of 18th March 2026, together with all consequential proceedings, pending hearing of the application inter partes and an intended appeal. They argued that the eviction orders gave them only fourteen days, a timeline they described as manifestly excessive, commercially impracticable and incapable of compliance given their substantial capital investment, fixed and semi-permanent structures, specialised machinery and ongoing operations on the suit premises. The respondents, through the 4th defendant's replying affidavit, pointed to a consent judgment of 27.5.2022 requiring the applicants to vacate by 31.5.2025, against which no appeal was lodged, and noted that the question of stay had already been dealt with on 18.3.2026. Applying Order 42 Rule 6 of the Civil Procedure Rules and the Selestica Limited decision, the court found that the applicants had been found in contempt for defying the consent, that the 18.3.2026 orders merely effectuated the unchallenged consent, and that counsel's own admissions showed the applicants were no longer on the land. The court held that a party blatantly defying consent and court orders did not deserve the exercise of its discretion and dismissed the application with costs to the respondents.
Key legal issues
#01
Whether stay of execution of the ruling of 18.3.2026 should be granted
Holding
Application dismissed; stay refused.
Reasoning
The consent judgment of 27.5.2022 required the applicants to vacate by 31.5.2025 and was never appealed or reviewed. The orders of 18.3.2026 merely effectuated that consent after the applicants were found in contempt. Stay had already been dealt with on 18.3.2026. Counsel's own admissions showed the applicants were not on the land. Discretion was therefore withheld from a party defying consent and court orders.
p. 2
Legal principles established
#- Stay of execution pending appeal is discretionary and requires sufficient cause, substantial loss, no unreasonable delay, and provision of security
- A party blatantly defying consent and court orders does not deserve the court's discretionary relief
Court orders
#- 1.The application dated 24.3.2026 is dismissed
- 2.Costs of the application to the respondents
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending intended appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwiti & another v Nduati & 4 others (Environment and Land Case E002 of 2022) [2026] KEELC 4198 (KLR)", Case Analysis (2026). Notice of motion application dated 24.3.2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4198/eng@2026-06-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.