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)
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
#Key legal issues
#Whether the motion meets the threshold for stay of execution under Order 42 rule 6(2)
The motion fails all three cumulative conditions: no substantial loss, unreasonable unexplained delay, and no security for due performance
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.
Costs of the application
Costs awarded to the Appellant, the motion having been dismissed
Having failed on all grounds, the Respondents' motion was dismissed and costs followed the event in favour of the Appellant who opposed it.
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.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.