Trustees of the Catholic Diocese of Kitale v Solmat Enterprises of Kitale & another (Environment and Land Case 71 of 2020) [2026] KEELC 4986 (KLR)
The bottom line
#The Environment and Land Court in Kitale halted enforcement of a land decree, preserving the disputed property's current state while an appeal is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant satisfied the Order 42 Rule 6 thresholds for stay of execution pending appeal
Yes; the requirements were satisfied and the application was unopposed, so stay pending appeal was granted.
The court recited the three Order 42 Rule 6 requirements: substantial loss, no unreasonable delay, and security. It noted the applicant deposed that the suit land had been fenced off and might be dealt with adversely, that the intended appeal had a high chance of success, and that counsel's indisposition explained the timing. No affidavit evidence was filed by the respondents despite service, leaving the applicant's averments unchallenged.
Effect of non-response despite proper service
The unchallenged affidavit evidence inclined the court to allow the application.
Service on the respondents was evidenced by returns of service on 14/5/2026, 16/6/2026 and 3/7/2026, and the respondents neither attended court nor filed responses. The court observed there was no affidavit evidence challenging the applicant's averments despite an order for physical service, and treated the application as effectively unopposed.
Legal principles established
#- The purpose of a stay of execution is to preserve the status quo pending appeal so the appeal is not rendered nugatory
- Substantial loss is qualitative, not a mathematical formula
- Execution being a lawful process does not by itself amount to substantial loss
Court orders
#- 1.Stay of execution of the decree issued in Kitale ELC No. 33 of 2021 and all its consequential orders pending the appeal (prayer (c) granted)
- 2.No orders as to costs, no response having been filed
- On appeal from
- Environment and Land Court, Kitale (ruling of this court)
- Kitale ELC No. 71 of 2020
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Trustees of the Catholic Diocese of Kitale v Solmat Enterprises of Kitale & another (Environment and Land Case 71 of 2020) [2026] KEELC 4986 (KLR)", Case Analysis (2026). Kitale ELC No. 71 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4986/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.