Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedMRG ELCLA E001 OF 2023· [2026] KEELC 4872 (KLR)

Githae v Ngugi (Suing on Behalf of the Estate of Esther Waigwe Ngugi (Deceased) & another (Environment and Land Appeal E001 of 2023) [2026] KEELC 4872 (KLR)

Environment and Land Court
27 July 2026
1,067 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

#

The Environment and Land Court at Murang'a refused to pause execution of a Kshs 45,150 costs certificate because the applicants proved none of the three legal requirements.

What this practically means

#

Executive summary

#
This ruling of the Environment and Land Court at Murang'a (M.N. Gicheru, J) determines a notice of motion dated 15-2-2026 by the Respondents in the main appeal, brought under Sections 3A and 63(c) and (e) of the Civil Procedure Act and Order 42 rules 6(1) and 43 of the Civil Procedure Rules. The motion sought a stay of execution of a certificate of costs of Kshs 45,150 in Murang'a MCELC case No. 44 of 2020 pending the hearing of the Respondents' appeal, Nyeri Court of Appeal Appeal No. E027 of 2024, against the judgment of the ELC dated 10-9-2024, plus costs in the cause. The Appellant opposed the motion, arguing that it targeted the certificate of costs rather than the decree, that there had been partial execution, and that the threshold of substantial loss, absence of unreasonable delay and security was not met. Counsel agreed on two issues: whether the motion met the stay threshold, and costs. The court held that all three conditions under Order 42 rule 6(2) must be satisfied cumulatively. It found no substantial loss, as payment of Kshs 45,150 could not amount to substantial loss; that the motion was filed after an unexplained delay of almost one and a half years from judgment and nearly three months from the certificate of costs; and that no security for due performance had been offered. The motion was dismissed with costs to the Appellant.

Key legal issues

#
01

Whether the motion meets the threshold for stay of execution under Order 42 rule 6(2)

Holding

The motion fails all three cumulative conditions: no substantial loss, unreasonable unexplained delay, and no security for due performance

Reasoning

The court held that substantial loss means the appeal would be rendered nugatory, irreparable loss, or inability to recover the decretal sum if the appeal succeeds. A certificate of costs of Kshs 45,150 could not constitute substantial loss. The delay of almost one and a half years from judgment and almost three months from the certificate of costs was unexplained, with no illness or exceptional circumstances offered. No security was offered for due performance of the final decree.

p. 3
02

Costs of the application

Holding

Costs awarded to the Appellant, the motion having been dismissed

Reasoning

Having failed on all grounds, the Respondents' motion was dismissed and costs followed the event in favour of the Appellant who opposed it.

p. 4

Legal principles established

#
  • All three conditions in Order 42 rule 6(2) - substantial loss, absence of unreasonable delay, and security - must be satisfied cumulatively before a stay of execution can issue
  • Substantial loss entails the appeal being rendered nugatory, irreparable loss not compensable by damages, or inability to recover the decretal sum - a small decretal sum capable of being paid cannot amount to substantial loss

Court orders

#
  1. 1.The motion dated 15-2-2026 is dismissed with costs
Jurisdiction invoked
Sections 3A and 63(c) and (e) of the Civil Procedure Act, Order 42 rules 6(1) and 43 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Githae v Ngugi (Suing on Behalf of the Estate of Esther Waigwe Ngugi (Deceased) & another (Environment and Land Appeal E001 of 2023) [2026] KEELC 4872 (KLR)", Case Analysis (2026). MRG ELCLA E001 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4872/eng@2026-07-27

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