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Case Brief · caselaw.co.ke
ELCAllowedE.L.C Appeal No. E 015 of 2026

Salome Wanjiru Njenga (Suing as the Legal Representative of the Estate of Joseph Ngochi Kiritu) & 2 Others v Charity Muthoni Muhuri (Sued as the Administrator and Legal Representative of the Estate of Charles Mureithi Muhuri) & Daniel Njuguna Kiritu (Interested Party)

Environment and Land Court of Kenya
28 September 2026
2,101 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court halted an eviction in Nyahururu, protecting people who were never parties to the original land case until their appeal is heard.

What this practically means

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Executive summary

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The applicants, who were not parties to Nyahururu CMCELC Case No. 170 of 2018, moved the Environment and Land Court at Nyahururu by notice of motion dated 9th June 2026 seeking stay of execution of the judgment and decree delivered on 12th February 2026 and an injunction restraining the respondent from evicting them from or dealing with L.R No. Nyandarua/Wawingo Salient/29 pending their appeal against the trial court's ruling of 5th June 2026 dismissing their application for review. They argued they had occupied the property for over 25 years, were never served or joined in the suit despite adverse eviction orders being issued against them, and relied on Order 42 Rule 6 and fair-hearing authorities. The respondent opposed, terming the application a collusion with the interested party and an abuse of process intended to delay enforcement of a judgment upheld through the High Court and Court of Appeal. The court found it common ground that the applicants were not parties to the suit in which the adverse orders were made, noted the existence of conflicting decisions over the property (including a favourable adverse-possession judgment for the interested party), held the delay not inordinate, and found the applicants' irreparable injury outweighed the respondent's compensable prejudice. The application was allowed in terms of prayers 5 and 6, conditional on the applicants depositing Kshs. 100,000/- as security within 30 days, with the appeal to be heard within 180 days failing which it stands automatically dismissed, and costs of the application abiding the appeal.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicants are entitled to a stay of execution of the judgment, decree and consequential orders in Nyahururu CMCELC Case No. 170 of 2018 pending the hearing and determination of their appeal
  2. 2.Whether the delay in filing the application was unreasonable
  3. 3.Whether the application is an abuse of court process
  4. 4.Whether the applicants should be restrained from eviction or dealing with the suit property pending appeal

Key legal issues

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01

Substantial loss

Holding

Eviction of the applicants before their appeal is heard may occasion irreparable loss since the respondent may deal with the property adversely to their interests

Reasoning

The applicants were not parties to the suit in which the eviction orders were made. If evicted before the appeal is determined, the respondent may deal with the suit property in ways adverse to their interest, making the loss irreparable and the appeal nugatory.

p. 11
02

Delay

Holding

The delay in filing the application was not inordinate given the peculiar circumstances

Reasoning

The court weighed the circumstances, including that the applicants were not parties to the suit and that conflicting decisions exist over the property, and found the delay insufficient to deny the orders sought.

p. 11
03

Balancing of interests and security

Holding

The applicants' irreparable injury outweighs the respondent's compensable prejudice; stay granted on condition of security of Kshs. 100,000/-

Reasoning

The prejudice to the respondent, if any, is compensable by costs and can be minimized by fast-tracking the appeal. The court conditioned the stay on a deposit as security for due performance, consistent with Order 42 Rule 6 parameters.

p. 11
04

Non-parties bound by judgment

Holding

The court noted the judgment and decree adversely affected the applicants despite their not being parties to the suit

Reasoning

Perusal of the lower court pleadings showed the respondent did not make the applicants parties, yet the judgment issued orders adversely affecting them, raising fair-hearing concerns relevant to substantial loss.

p. 9

Legal principles established

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  • A party should not be prejudiced or affected by an adverse decision without being given an opportunity to be heard
  • Allowing eviction of non-parties to the suit before their appeal is heard may occasion irreparable loss

Court orders

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  1. 1.Stay of execution of the judgment delivered on 12th February 2026, decree and all consequential orders in Nyahururu CMCELC Case No. 170 of 2018 pending hearing and determination of the appeal
  2. 2.Injunction restraining the respondent from evicting, entering upon, selling, charging, transferring, assigning or otherwise dealing with L.R No. Nyandarua/Wawingo Salient/29 pending appeal
  3. 3.Applicants to deposit Kshs. 100,000/- in a joint interest-earning bank account in the names of both advocates within 30 days as security
  4. 4.Appeal to be processed, heard and determined within 180 days failing which it shall stand automatically dismissed with costs to the respondent unless extended for good reason
  5. 5.Costs of the application to abide the outcome of the appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Chief Magistrate's Court at Nyahururu
Nyahururu CMCELC Case No. 170 of 2018
Jurisdiction invoked
Order 42 Rule 6(1) & (2) of the Civil Procedure Rules - stay of execution pending appeal

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

it is common ground that the applicants were not parties to the suit in which the judgment and decree issued against them was made
p. 8Non-parties to the suit
the Court in its judgment issued orders that adversely affected the applicants despite the fact that they were not parties to the suit
p. 9Adverse orders against non-parties
I do not consider the delay in filing the instant application to be so inordinate as to form a basis of denying the applicants the orders sought
p. 11Delay
whilst the applicants stand to suffer irreparable injury if the orders sought are denied, the prejudice, if any, to be occasioned to the respondent if the application is allowed is compensable by way of costs
p. 11Balancing of interests
I find the applicants' application dated 9th June 2026 to be merited and allow it in terms of prayer 5 and 6 on condition that the applicants shall within 30 days from the date of delivery of this ruling deposit in a joint interest earning bank account
p. 12Disposition - stay granted with security
the appeal shall stand automatically dismissed with costs to the respondent
p. 12Dismissal if security/hearing timelines not met
The costs of the application shall abide the outcome of the appeal
p. 12Costs

Issues in the judgment

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material

Ruling allows 'prayer 5 and 6' but the motion as reproduced lists only prayers i-iii

minor

Suit property name spelled inconsistently

minor

Respondent's name appears as both Muhuru and Muhuri/Muturi

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, "Salome Wanjiru Njenga (Suing as the Legal Representative of the Estate of Joseph Ngochi Kiritu) & 2 Others v Charity Muthoni Muhuri (Sued as the Administrator and Legal Representative of the Estate of Charles Mureithi Muhuri) & Daniel Njuguna Kiritu (Interested Party)", Case Analysis (2026). E.L.C Appeal No. E 015 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5932/eng@2026-09-28

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