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ELCAllowedNot stated in the judgment· [2026] KEELC 5052 (KLR)

Kalunge v Muthuri & 3 others (Land Case Appeal E066 of 2026) [2026] KEELC 5052 (KLR)

Environment and Land Court
21 July 2026
BEB M Eboso
177 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court at Meru paused implementation of a lower court order relying on a surveyor's report until the appeal is decided.

What this practically means

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Executive summary

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This is a brief ex tempore-style ruling by the Environment and Land Court at Meru (B M Eboso, ELC Judge) on a notice of motion dated 17/6/2026 filed by the appellant in a pending appeal. The appellant sought a stay of implementation of the order of the lower court made on 20/8/2025, which had directed reliance on a surveyor's report dated 30/9/2025. The 1st respondent filed a response but, through counsel, informed the court that he did not oppose the stay pending the hearing and disposal of the appeal; the Attorney General likewise did not oppose the stay. On that unopposed basis, the court granted a stay of implementation of the lower court's order of 20/8/2025 pending disposal of the appeal, ordered that costs of the application be in the appeal, and marked the application disposed of accordingly. No authorities were cited and no reasons were given beyond the parties' non-opposition. The ruling does not name the parties or the case number, and it contains an apparent typographical error ('20/89/2025' against '20/8/2025') which is flagged in the data quality notes.

Key legal issues

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01

Whether a stay of implementation of the lower court's order should issue pending appeal

Holding

A stay of implementation of the lower court's order dated 20/8/2025 was granted pending disposal of the appeal, by consent since no party opposed the application.

Reasoning

The 1st respondent's counsel informed the court that he did not oppose the plea for stay of implementation pending the hearing and disposal of the appeal, and the Attorney General also did not oppose it. On that basis, and without any contested hearing on the merits of the stay, the court granted the stay of implementation of the lower court's order, ordered the application's costs to be in the appeal, and marked the application disposed of.

p. 1

Legal principles established

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    Court orders

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    1. 1.A stay of implementation of the order of the lower court made on 20/8/2025, pending the disposal of the appeal
    2. 2.Costs of the application dated 17/6/2026 to be in the appeal
    3. 3.The application marked disposed of in the stated terms
    Jurisdiction invoked
    Not stated; inherent/appellate jurisdiction of the Environment and Land Court over an appeal pending before it

    Key timeline

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    Practical implications

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    Frequently asked questions

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    Cite this brief

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    Cite this brief

    Caselaw, "Kalunge v Muthuri & 3 others (Land Case Appeal E066 of 2026) [2026] KEELC 5052 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5052/eng@2026-07-21

    Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.