Makiche v Birgen (Environment and Land Appeal E017 of 2026) [2026] KEELC 5372 (KLR)
The bottom line
#The Environment and Land Court at Kapsabet halted eviction from Nandi/Kaiboi/126 until Joel Makiche's appeal is heard and decided.
What this practically means
#Executive summary
#Key legal issues
#Stay of execution pending appeal
The application for stay was allowed; the applicant demonstrated the undoubted right of appeal and the decision would dispossess him of the suit property
The court relied on Butt vs Rent Restriction Tribunal on the right of appeal and found the application cogent and merited, granting stay of the trial court's decision pending the intended appeal.
Consolidation of appeals
The appeal was consolidated with Kapsabet ELCA E016 of 2026, which was to be the head file, as both involve the same parcel Nandi/Kaiboi/126 and the same parties
The court invoked the essence of consolidation as a tool for efficient dispute resolution, Article 159(2)(b) on expeditious justice, and Martin Kabaya vs David Mungania Kiambia on timely conclusion of proceedings; E016 was set for mention on 10th November 2026 and became the head file.
Unopposed application
The respondent, though duly served, failed to respond to the application
Service was proved by affidavit of service sworn on 20th August 2026 by process server Stephen Bwire; the court noted the respondent neglected to respond, citing Pradeep Harish Hindocha vs Catherine Matei Chena.
Legal principles established
#- An applicant with an undoubted right of appeal is entitled to stay of execution pending appeal, following Butt vs Rent Restriction Tribunal
- Consolidation is a tool for efficient dispute resolution without prejudice to any party
- Justice shall not be delayed, per Article 159(2)(b) of the Constitution
Court orders
#- 1.Stay of execution of the decision of Hon. Bartoo B, PM delivered on 17th July 2026 in Kabiyet PM's Court MCELC E003 of 2026 pending the lodging, hearing and determination of the intended appeal
- 2.Consolidation of this appeal with Kapsabet ELCA E016 of 2026, with the latter as the head file
- 3.No orders as to costs
- On appeal from
- Kabiyet Principal Magistrate's Court
- MCELC E003 of 2026
- Jurisdiction invoked
- Appellate/stay jurisdiction of the Environment and Land Court over appeals from the Principal Magistrate's Court; Article 159(2)(b) of the Constitution of Kenya 2010 invoked on expeditious disposal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makiche v Birgen (Environment and Land Appeal E017 of 2026) [2026] KEELC 5372 (KLR)", Case Analysis (2026). Kapsabet ELCLA No. E017 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5372/eng@2026-08-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.