Namisi v Ndubi & another (Environment and Land Appeal Miscellaneous 22 of 2022) [2026] KEELC 4987 (KLR)
The bottom line
#A Kitale land court refused to pause enforcement of a judgment because the losing party waited ten months and showed no real loss.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant satisfied the conditions for stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules
The application is dismissed; the applicant failed to demonstrate substantial loss, did not explain the inordinate delay of over ten months, and did not provide security for due performance of the decree.
The court reaffirmed that stay under Order 42 Rule 6(2) requires absence of undue delay, demonstration of substantial loss, and security for due performance. The applicant offered no cogent evidence of loss or of the position on the ground; the delay of over ten months was unexplained, and even a one-day delay can be inordinate in the circumstances. Failure to offer security, while not fatal, compounded the failure of the other tests.
Whether the delay in bringing the application was inordinate and unexplained
The delay of over ten months after judgment and eight months after the decree was inordinate and unexplained.
The respondent demonstrated the application was filed nearly ten months after judgment and eight months after decree, with no plausible explanation from the applicant. The court noted the law has not defined unreasonable delay and that even a one-day delay could be inordinate depending on the circumstances of the case.
Legal principles established
#- The power to grant stay of execution pending appeal is discretionary but must be exercised judiciously, and the applicant must satisfy the three conditions of Order 42 Rule 6(2): no undue delay, substantial loss, and security.
- Mere apprehension of loss from lawful execution is not sufficient to establish substantial loss.
Court orders
#- 1.The application dated 12/5/2026 is dismissed with costs to the respondent
- 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, "Namisi v Ndubi & another (Environment and Land Appeal Miscellaneous 22 of 2022) [2026] KEELC 4987 (KLR)", Case Analysis (2026). ELC No. 22 of 2022 (Kitale). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4987/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.