Nduti & another t/a By His Grace Enterprises v Njeri & 2 others (Environment and Land Appeal E047 of 2025) [2026] KEELC 4724 (KLR)
The bottom line
#A Kenyan court refused to pause a land case on appeal because the applicants waited six months without explaining the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicants established a proper basis for a stay of proceedings pending appeal
The application was dismissed: the appeal is arguable, but the application was not brought expeditiously, no exceptional circumstances or nugatory-ness were shown, and the balance of justice favours expeditious trial.
The court applied the principles in RE Global Tours & Travels Ltd requiring weighing of expeditious disposal, arguability, judicial time and expeditious bringing of the application. The Applicants waited nearly six months after the subordinate court directed them to move for a stay, filing only one day before the scheduled hearing. The interlocutory nature of the appeal meant the trial could proceed without rendering the appeal nugatory.
Whether the appeal is arguable
Yes - the appeal raises legitimate legal questions on the joinder threshold for third parties, but arguability alone does not entitle an applicant to a stay.
The Memorandum of Appeal raises questions as to whether the trial magistrate correctly appreciated the legal threshold for joinder of third parties under the Civil Procedure Rules and whether sufficient material justified joinder. These are not frivolous. However, an arguable appeal alone does not automatically warrant a stay of proceedings.
Legal principles established
#- The jurisdiction to stay proceedings must be exercised sparingly, cautiously and only in exceptional circumstances.
- Delay is measured not merely by the passage of time but by whether it has been reasonably explained; unexplained delay undermines the bona fides of an application.
- An interlocutory appeal is not rendered nugatory merely because the trial continues; the appellate court retains power to set aside proceedings, reverse the judgment or order retrial.
Court orders
#- 1.The Notice of Motion dated 18th March 2026 is dismissed with costs
- On appeal from
- Chief Magistrate's Court, Kajiado
- Kajiado CMELC No. E002 of 2022
- Jurisdiction invoked
- Appellate/interlocutory jurisdiction under Order 42 Rule 6(5) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nduti & another t/a By His Grace Enterprises v Njeri & 2 others (Environment and Land Appeal E047 of 2025) [2026] KEELC 4724 (KLR)", Case Analysis (2026). Kajiado ELC Appeal (arising from Kajiado CMELC No. E002 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4724/eng@2026-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.