Kepkemboi & another v Kipkemboi (Suing as the administrator of the Estate of Kibet Arap Ngisirei-Deceased) (Environment and Land Case E004 of 2023) [2026] KEELC 5021 (KLR)
The bottom line
#A Kenyan land court paused collection of taxed costs while an appeal is pending, confirming it still has power to protect a case's subject matter after judgment.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this court is functus officio and lacks jurisdiction to entertain the application
- 2.Whether the applicant has satisfied the requirements for grant of stay of execution of the Certificate of Costs pending appeal
Key legal issues
#Whether the court retains jurisdiction to grant interim stay pending appeal
The court held it has jurisdiction to grant interim preservation orders under section 13(7) of the Environment and Land Court Act notwithstanding delivery of judgment
The court noted it has the mandate to grant interim preservation orders pursuant to section 13(7) of the Environment and Land Court Act, 2015, including preservation of the subject matter of an appeal. The functus officio objection raised by the respondents was not upheld; the court proceeded to determine the application on its merits.
Whether execution should be stayed pending the appeal in Eldoret COACA No. E062 of 2025
Stay was granted because the appeal is pending and execution cannot run concurrently with the appeal
Relying on the Goldenberg Commission case and Butt v Rent Restriction Tribunal, the court reasoned that the applicant has an undoubted right of appeal and that the two matters should not proceed simultaneously, citing the principle that it would not be right for two matters on the same issue to be heard at the same time.
Legal principles established
#- Execution before the trial court cannot proceed simultaneously with a pending appeal on the same matter
Court orders
#- 1.Stay of execution of the Certificate of costs and orders issued on 29th September 2025, further to the ruling of 12th September 2025, pending the hearing and determination of Eldoret COACA No. E062 of 2025
- 2.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 13(7) of the Environment and Land Court Act, 2015; Orders 22 Rule 25 and 42 Rule 6 of the Civil Procedure Rules, 2010
Relief refused
#Costs of the application
The court granted the application but made no orders as to costs
Costs
No orders as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It therefore, themy finding that the application dated 13th October 2025, is merited.
the said application is hereby allowed accordingly as stated in paragraph 1 (a) hereinabove with no orders as to costs.
execution before this court cannot proceed simultaneous with the pending appeal at the Court of Appeal on the same matter.
Issues in the judgment
#Typographical error in the judgment's finding
Date conflict: the replying affidavit states judgment was delivered on 5th October 2024 while the ruling referenced is dated 12th September 2025
Section 13 of the Environment and Land Court Act incorrectly cited with both 2015 and (2011) years
Submissions dated 30th March 2026 attributed to counsel for the respondents, though the content supports the applicant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kepkemboi & another v Kipkemboi (Suing as the administrator of the Estate of Kibet Arap Ngisirei-Deceased) (Environment and Land Case E004 of 2023) [2026] KEELC 5021 (KLR)", Case Analysis (2026). Kapsabet ELCC No. E004 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5021/eng@2026-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.