Mabonga (The Recognised Agent of the Approved Agent of Joshua Mabonga Macheso) v Simiyu & 4 others (Environment and Land Case E001 of 2025) [2026] KEELC 4740 (KLR)

The judgment was delivered on 15/4/2026 and the application filed on 25/5/2026, a delay of over a month which the applicant did not explain. The court noted that what amounts to unreasonable delay is assessed case by case, but an explanation must be offered; none was.

Relying on James Wangalwa & Another v Agnes Naliaka Cheseto, the court held that execution being a lawful process is not itself substantial loss. The applicant, who only stated he would suffer irreparably if respondents buried their deceased mother on the land, did not demonstrate how execution of a lawful decree would irreparably affect the core of his appeal. A title deed can be cancelled and re-registered if the appeal succeeds.

The applicant offered no security for the due performance of the decree. However, the court held this in itself was not fatal, since the court can on its own motion impose conditions, including depositing security for costs. Despite this, the cumulative failure on delay and substantial loss meant the discretion could not be exercised in the applicant's favour.