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ELCDismissedELCLA E260 OF 2025· [2026] KEELC 4407 (KLR)

Abondi v Chabrin Agency & 2 others (Environment and Land Appeal E260 of 2025) [2026] KEELC 4407 (KLR)

Environment and Land Court
13 July 2026
MKMOHAMMED N. KULLOW
747 words in judgment
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The bottom line

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A Kenyan court refused to pause eviction orders because the tenant had already paid the arrears and moved out, making the request pointless.

What this practically means

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Executive summary

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The applicant (plaintiff) moved the Environment and Land Court at Nairobi by Notice of Motion dated 4th December 2025 seeking stay of execution of orders issued on 12th November 2025 by the Rent Restriction Tribunal in RRC/E1422/2025, a stay of distress for rent and auction of her household goods by High Class Auctioneers, an injunction against eviction or interference with her quiet possession pending appeal, and 90 days to clear rent arrears of Kshs 117,600. She grounded the application on unemployment and the strict timelines set by the Tribunal, and argued that levying distress would render her appeal nugatory. The 1st respondent (Gibson Gitau) replied that the application had been overtaken by events: the appellant had cleared the arrears and vacated the premises. The respondents filed submissions dated 27th April 2026; the applicant filed none and did not attend court despite service. Framing the issues as whether the application had been overtaken by events and, if not, whether it was merited, the court applied Raphael Kakene Muloki on the futility of issuing orders in matters overtaken by events, noted the applicant's non-prosecution of the application as evidence of lost interest, and dismissed it with costs to the 1st respondent pursuant to section 27 of the Civil Procedure Act.

Key legal issues

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01

Whether the stay application was overtaken by events

Holding

The application failed because the arrears had been settled and the applicant had vacated the premises, and she had not prosecuted the application despite service.

Reasoning

The applicant admitted arrears of Kshs 117,600 but could not settle them within 90 days; however, by the time of the replying affidavit sworn in April 2026 she had settled all arrears and vacated. Citing Raphael Kakene Muloki, the court held that issuing orders where a matter is overtaken by events would be orders in vain. The applicant also failed to attend court sessions or prosecute the application, indicating loss of interest. The application therefore failed.

p. 4
02

Costs of the application

Holding

The 1st respondent was entitled to costs as costs follow the event under the proviso to section 27 of the Civil Procedure Act.

Reasoning

Applying the general rule that costs follow the event unless the court is satisfied otherwise, and having found the application overtaken by events, the court held the 1st respondent entitled to the costs of defending the application.

p. 4

Legal principles established

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  • Where an application has been overtaken by events, issuing the orders sought would be tantamount to issuing orders in vain.
  • Costs follow the event in accordance with the proviso to section 27 of the Civil Procedure Act unless the court is satisfied otherwise.

Court orders

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  1. 1.The Notice of Motion application dated 4th December 2025 is hereby dismissed.
  2. 2.Costs to the 1st Respondent.
On appeal from
Rent Restriction Tribunal
RRC/E1422/2025
Jurisdiction invoked
Inherent jurisdiction to grant stay of execution pending appeal from the Rent Restriction Tribunal (appeal ELCLA E260 of 2025)

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, "Abondi v Chabrin Agency & 2 others (Environment and Land Appeal E260 of 2025) [2026] KEELC 4407 (KLR)", Case Analysis (2026). ELCLA E260 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4407/eng@2026-07-13

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