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ELCDismissedNot stated in the judgment· [2026] KEELC 4825 (KLR)

Saeni & another v Seme & 3 others (Environment and Land Appeal E004 of 2024) [2026] KEELC 4825 (KLR)

Environment and Land Court (inferred from coram; judgment does not state court name)
27 July 2026
1,048 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to halt auction of property for a Kshs 802,261 debt because the judgment debtor had no valid appeal pending.

What this practically means

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Executive summary

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The Applicant moved the court by Notice of Motion dated 20th April 2026 seeking stay of execution of a judgment dated 1st April 2025, a decree of 8th April 2025 and a taxation ruling of 24th July 2025, stay of warrants of attachment issued to Kerati Auctioneers (under which 20 cows were proclaimed for Kshs. 802,261), leave for Kiprono Law Advocates to come on record after judgment, leave to object to the taxation out of time, and leave to appeal out of time. The Respondent, John Mosiantet Saeni, opposed through a replying affidavit, arguing each prayer required a distinct legal basis, that the application breached order 9 rule 9, that the Applicant showed no substantial loss or security, and exhibited a Court of Appeal ruling of 14th January 2026 striking out the Notice of Appeal. During submissions Mr. Kiprono conceded the Notice of Appeal had been struck out and abandoned the prayer for leave to appeal out of time. Framing three issues, the court held that since no appeal existed, stay of execution could not be considered, applying Issa Shekue Shalli v Buscar Ltd and the Supreme Court's decision in Dr. Wilfrida Arnolda Holondo v Attorney General. The extension of time to file a reference against taxation also failed for want of explanation of delay, applying Leo Silla Mutiso v Rose Hellen Wangari. The application was disallowed with costs to the Respondent. Delivered at Kilgoris on 27th July 2026 by Hon. M.N. Mwanyale, Judge.

Key legal issues

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01

Whether stay of execution can issue absent a pending appeal

Holding

No; stay presupposes an existing appeal. The Notice of Appeal was struck out by the Court of Appeal and the prayer for leave to appeal out of time was abandoned, so the stay prayers could not be considered.

Reasoning

The court adopted Rika J.'s reasoning in Issa Shekue Shalli v Buscar Ltd that where there is no valid Notice of Appeal there is no intended appeal capable of prompting consideration of stay, and the Supreme Court's decision in Dr. Wilfrida Arnolda Holondo v Attorney General that an appeal must exist before stay can be considered. With no appeal pending, the stay prayers fail.

p. 4
02

Whether extension of time to file a reference against the taxation ruling should be granted

Holding

Refused; the Applicant gave no reasons for the delay and did not meet the Mutiso principles for extension of time.

Reasoning

The Respondent exhibited emails forwarding the taxation notice and the Bill of Costs, showing service on the previous advocates. The Applicant did not explain the delay in seeking extension of time, and the court found the threshold in Leo Silla Mutiso v Rose Hellen Wangari was not met.

p. 4

Legal principles established

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  • An appeal must exist before an application for stay of execution can be considered; where the Notice of Appeal has been struck out and leave to appeal out of time is not granted, stay of execution cannot issue.

Court orders

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  1. 1.The Notice of Motion dated 20th April 2026 is disallowed/dismissed for lack of merit
  2. 2.Costs of the application to the Respondent

Authorities

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Legislation

  • Civil Procedure RulesOrder 9 Rule 9

Cases cited (3)

  • Issa Shekue Shalli Vs. Buscar Ltd
    (2019) KELLRC 1874 KLR
  • Dr. Wilfrida Arnolda Holondo Vs. Attorney General and 9 Others
    (2021) eKLR
  • Leo Silla Mutiso Vs. Rose Hellen Wangari
Jurisdiction invoked
Not expressly stated; application brought under the Civil Procedure Rules (order 9 rule 9 raised by respondent)

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, "Saeni & another v Seme & 3 others (Environment and Land Appeal E004 of 2024) [2026] KEELC 4825 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4825/eng@2026-07-27

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