Muigai & 2 others v Turbo Munyaka Co-operative Society Limited & another (Environment and Land Case 34 of 2020) [2026] KEELC 4984 (KLR)
The bottom line
#The Kitale Environment and Land Court refused to pause execution of an eviction judgment because the applicants delayed, offered no security, and failed to prove real loss.
What this practically means
#Executive summary
#Key legal issues
#Substantial loss
Not demonstrated; photographs show only temporary structures with no evidence of ongoing businesses or value of developments
The court found the photographs showed temporary structures and no evidence of ongoing businesses. It could not assess the nature, particulars and value of the alleged extensive developments, and held execution is a lawful process that does not itself amount to substantial loss.
Delay
Inordinate delay of about 53 days from judgment to application, unexplained, apparently triggered by the eviction notice
Judgment was delivered on 18/3/2026 and notice of appeal filed 31/3/2026, but the application came only on 10/5/2026 without explanation. The court held the delay was inordinate and that the 90-day vacation period allowed by the judgment was sufficient time to file.
Security
None offered beyond a general willingness to abide by court directions
Apart from stating willingness to comply with any court order, the applicants offered no security. Citing Focin Motorcycle, the court held security is a mark of bona fides showing the application is not merely intended to deny the respondents the fruits of their judgment.
Legal principles established
#- Filing an appeal does not operate as an automatic stay of execution; the applicant must establish the Order 42 Rule 6(2) conditions
- Substantial loss requires cogent and tangible evidence of irreparable loss not compensable in damages
Court orders
#- 1.The application dated 10/5/2026 is dismissed with costs to the respondents
- On appeal from
- Environment and Land Court
- Kitale ELC No. 34 of 2020
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muigai & 2 others v Turbo Munyaka Co-operative Society Limited & another (Environment and Land Case 34 of 2020) [2026] KEELC 4984 (KLR)", Case Analysis (2026). Kitale ELC Case No. 34 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4984/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.