Mwangi t/a Thames Traders Auctioneers v Nyoro Construction Company Ltd & 2 others
The bottom line
#A Kenyan auctioneer lost his bid to pause arrest warrants because he delayed filing, showed no real loss, and offered no security.
What this practically means
#Executive summary
#Key legal issues
#Substantial loss
The Applicant does not stand to suffer substantial loss because he can still account for the execution proceeds before the trial court and can deposit the decretal sum in court
The Applicant had the opportunity since 5-3-2025 to explain the execution process to the trial court, the best forum for determining what was raised from the sale, the vehicle's value and condition. He instead filed an application. Even now he can appear before the trial court and explain, and he can deposit the decretal sum while persuading the court not to release it.
Unreasonable delay
The delay of about two and a half months between the trial court's last order of 24-9-2025 and the motion of 8-12-2025 was unreasonable
The warrants were issued in March 2025 and the motion to set them aside was dismissed on 24-9-2025. The appeal was filed on 7-10-2025 but the motion was not drawn until 8-12-2025, coming to the court's attention on 18-12-2025, about 2½ months after the last trial court order.
Security for due performance
The Applicant offered no security in his affidavits, which is a prerequisite to the grant of a stay
Neither the affidavit of 8-12-2025 nor the further affidavit of 1-7-2026 offered any security or indicated what would happen if the appeal were dismissed. The Applicant should commit to pay the costs of litigation over four years old if he ultimately loses the appeal.
Legal principles established
#- An applicant for stay of execution pending appeal must satisfy the three conditions in Order 42 rule 6(2): substantial loss, no unreasonable delay, and security for due performance of the decree
- This court is not well suited to deal with the execution process of the trial court before the trial court has itself exhausted that process
- A commitment to pay the costs of litigation in the event the appeal is lost is a prerequisite to the granting of a stay
Court orders
#- 1.The notice of motion dated 8-12-2025 is dismissed with costs to the first Respondent
- On appeal from
- Chief Magistrate's Court, Murang'a (Environment and Land)
- Murang'a CMELC Case No. E046 of 2022
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court over subordinate courts' environment and land matters; motion brought under Order 42 rule 6 of the Civil Procedure Rules and sections 1A, 1B, 3 and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwangi t/a Thames Traders Auctioneers v Nyoro Construction Company Ltd & 2 others", Case Analysis (2026). Environment and Land Appeal E038 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5676/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.