Mueke & another v Co-operative Bank of Kenya Ltd & another
The bottom line
#The Environment and Land Court refused to pause a 15-year-old land dispute, ruling that stay applications filed late and without exceptional reasons are delaying tactics.
What this practically means
#Executive summary
#Key legal issues
#Whether the threshold for stay of proceedings pending appeal was met
The motion was not merited; the stay was refused because the application was an afterthought, the plaintiffs had delayed the suit for years, and no exceptional circumstances were shown.
The court exercised judicious discretion guided by Order 42 Rule 6 and the Khan and Global Tours principles weighing expeditious disposal, arguability of the appeal and judicial time. It held the Court of Appeal better positioned to assess arguability, noted the 16-year pendency, the plaintiffs' adjournments and non-compliance with Order 11, and that the motion was filed long after leave to appeal was granted, making it a delaying tactic.
Legal principles established
#- Stay of proceedings pending an interlocutory appeal is a rare and exceptional remedy, and where the court appealed from is seized of the appeal, the appellate court is better placed to assess arguability
- Stay of proceedings is discretionary and granted only in deserving cases as it impacts the right to an expeditious trial
Court orders
#- 1.The notice of motion dated 20 February 2026 is dismissed with costs in the cause
- 2.A hearing date for the main suit shall be issued
- 3.No further applications shall be filed in this matter except with leave of the Court
- Jurisdiction invoked
- Order 42 Rule 6(1) and Order 51 Rule 1 of the Civil Procedure Rules; Sections 1A, 1B & 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mueke & another v Co-operative Bank of Kenya Ltd & another", Case Analysis (2026). Environment and Land Case Civil Suit 370 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5548/eng@2026-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.