Munga v Karuga (Enviromental and Land Originating Summons 15 of 2023) [2026] KEELC 4445 (KLR)
The bottom line
#A Kenyan landowner lost his bid to pause execution of a judgment because he couldn't prove loss, delay his case, or offer security.
What this practically means
#Executive summary
#Key legal issues
#Substantial loss
The plaintiff does not stand to suffer substantial loss; the court had previously found he has no house on the suit land and did not plant the tea
The court relied on its own earlier finding in the judgment of 3-2-2026 that the plaintiff has no house on the land. The tea on the land belongs to the defendant, so demolition and uprooting losses deposed to by the plaintiff are contrary to the record. A plaintiff who truly believed in his appeal would seek to restrain the defendant from uprooting the tea rather than seeking to uproot it himself.
Unreasonable delay
The motion was filed after more than two months from the judgment, beyond the 30-day appeal window, and is an afterthought
The judgment was delivered on 3-2-2026 and the motion was filed in late April, more than two months later. Under Section 76G of the Civil Procedure Act appeals must be filed within 30 days. Filing an urgent application after 60 days is not expeditious.
Security for due performance of the decree
The plaintiff offered no security and demonstrated no seriousness
The plaintiff did not offer to compensate the defendant for tea illegally harvested, nor to deposit in court an amount equivalent to the value of the tea he would harvest pending appeal. The third condition of Order 42 rule 6(2) was therefore not met.
Legal principles established
#- An applicant for stay of execution pending appeal must prove substantial loss, filing without unreasonable delay, and provision of security under Order 42 rule 6(2)
Court orders
#- 1.Dismissal of the notice of motion dated 24-3-2026
- 2.No orders as to costs
- Jurisdiction invoked
- Order 42 rule 6 of the Civil Procedure Rules and Sections 3A, 1A and 1B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Munga v Karuga (Enviromental and Land Originating Summons 15 of 2023) [2026] KEELC 4445 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4445/eng@2026-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.