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ELCDismissedELCA NO. E0011 OF 2026· [2026] KEELC 5131 (KLR)

Wanjiku v Kenya African Othaya Bus Union & another (Environment and Land Appeal E011 of 2026) [2026] KEELC 5131 (KLR)

Environment and Land Court
22 July 2026
1,346 words in judgment
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The bottom line

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The Environment and Land Court in Nyeri dismissed a tenant's application for a stay of execution, ruling that an appeal alone does not stop a landlord from enforcing a tribunal decree.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nyeri (E. K. Makori, J) on a notice of motion dated 10th March 2026 filed by Martha Wanjiku, the Tenant/Applicant, in an appeal (ELCA No. E0011 of 2026) against a ruling and orders issued on 12th November 2025 by Hon Mike Makori in Nyeri BPRT Case No. E 126 of 2024. The Applicant sought a stay of execution of the BPRT orders and a stay of proceedings in Nyeri MCCCMISC E014 of 2026, in which the Respondents sought to adopt the BPRT orders as a decree of the Magistrate's Court, pending the appeal. The application was opposed: the Respondents contended that the Applicant, who had not paid rent for close to one and a half years, had failed to demonstrate substantial loss or offer security, and that the stay was only sought to preserve a rent-free occupation. The court restated that an appeal does not automatically suspend enforcement of a decree, and that stay is discretionary under Order 42 Rules 6(1) and (2), requiring demonstration of substantial loss, promptness, and security. It found the appeal was filed in time, but held that the Applicant gave no timelines for the adoption proceedings and produced no supporting documentation; her fears were mere apprehension. Balancing the Tenant's appellate rights against the Landlord's lawfully terminated tenancy, the court dismissed the motion with costs on 22nd July 2026.

Key legal issues

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01

Whether the Applicant demonstrated substantial loss to warrant a stay of execution

Holding

The stay was refused because the Applicant did not demonstrate substantial loss or provide supporting documentation for the alleged imminent adoption of the BPRT decree

Reasoning

The court balanced the Tenant's right of appeal against the Landlord's right to enjoy a lawfully terminated tenancy. The appeal's only live issue was whether a valid landlord/tenant relationship existed and could be extended after it was extinguished. The Applicant gave no timelines for the adoption proceedings in the Magistrate's Court and offered no security, so her claim of irreparable harm was mere apprehension. Discretion was exercised against the grant of stay.

p. 8
02

Whether the stay application was filed promptly

Holding

Yes - the appeal was filed in time, so there was no inordinate delay

Reasoning

Prompt filing is one limb of the Order 42 rule 6 test. The court found the appeal in this matter was filed in time, so delay was not a ground for refusal; the refusal rested on failure to demonstrate substantial loss and absence of supporting documentation on the adoption proceedings.

p. 7

Legal principles established

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  • An appeal to the Environment and Land Court does not automatically suspend enforcement of the decree below
  • Stay of execution is governed by the tripartite test in Order 42 Rules 6(1) and (2): substantial loss, promptness, and security

Court orders

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  1. 1.The motion dated 10th March, 2026 is dismissed with costs
On appeal from
Business Premises Rent Tribunal (BPRT), Nyeri
Nyeri BPRT Case No. E 126 of 2024
Jurisdiction invoked
Discretionary jurisdiction of the Environment and Land Court on appeal, under Order 42 Rules 6(1) and (2) of the Civil Procedure Rules

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, "Wanjiku v Kenya African Othaya Bus Union & another (Environment and Land Appeal E011 of 2026) [2026] KEELC 5131 (KLR)", Case Analysis (2026). ELCA NO. E0011 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5131/eng@2026-07-22

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