Stephen Muasya Ndelewa v Tabitha Muthoni Karanja & Land Registrar Murang'a
The bottom line
#The Environment and Land Court in Murang'a refused to pause execution of a land judgment because the losing party met none of the three required conditions.
What this practically means
#Executive summary
#Key legal issues
#Substantial loss
Not demonstrated; no credible evidence of a homestead on the suit land
The applicant claimed she would lose her family home, but the only trial evidence concerned planting maize and beans and digging irrigation trenches. The absence of any pleading or affidavit evidence of a homestead cast doubt on her credibility, so substantial loss was not established.
Unreasonable delay
103 days between judgment (10-2-2026) and application (25-5-2026) was unreasonable and unexplained
A notice of appeal should be filed within 14 days and a record of appeal within 60 days. The applicant waited 103 days, annexed no notice or record of appeal, and offered no explanation for the delay, failing the second condition.
Security for due performance
Not provided
Order 42 rule 6(2)(b) requires the applicant to give such security as the court orders for due performance of the decree. No security whatsoever was offered or provided by the 1st Defendant.
Legal principles established
#- The three conditions in Order 42 rule 6(2) for stay of execution pending appeal are conjunctive and not disjunctive; all must be satisfied
- The conditions under the Court of Appeal Rules, rule 5(2)(b), have no application in stay applications before the court appealed from
Court orders
#- 1.The notice of motion dated 25-5-2026 seeking stay of execution pending appeal is dismissed
- 2.Costs of the application to the Plaintiff
- Jurisdiction invoked
- Section 19(2) of the Environment and Land Court Act (Act No. 19 of 2011), bound by the Civil Procedure Act; application under Sections 1A, 1B and 3A Civil Procedure Act and Order 51 rule 1 and Order 42 rule 6 Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen Muasya Ndelewa v Tabitha Muthoni Karanja & Land Registrar Murang'a", Case Analysis (2026). ELCLC NO 7 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5607/eng@2026-09-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.