Kalukarange Kamuri Ruigie v Belton Mwazighe Mwatela
The bottom line
#A Kenyan landowner got extra time to appeal and paused execution of a land judgment, but only after depositing Kshs 100,000 as security.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file appeal out of time
Leave granted; the applicant timeously requested proceedings and the delay was occasioned by the court registry's typing challenges, constituting sufficient cause
The judgment was delivered on 14.05.2026 and the applicant applied for certified proceedings shortly after. The certificate of delay was issued after the statutory period had expired. Relying on Githere v Kimani, the court found that delay attributable to the court machinery amounts to sufficient cause under section 79G and section 95 of the Civil Procedure Act.
Stay of execution pending intended appeal
Stay granted subject to security of Kshs 100,000.00; the applicant showed substantial loss to his interest in the suit land and good faith to furnish security
Applying Order 42 Rule 6 and the RWW v EKW and Kinyanjui v Ketter principles, the court found the subject matter was change of ownership of land which, if executed, would prejudice the applicant's interest and render the appeal nugatory. The applicant indicated willingness to furnish security, and the court imposed Kshs 100,000.00 as a condition.
Costs of the application
Costs to abide the outcome of the intended appeal
The court departed from the default position in the proviso to Order 50 Rule 6 (that the applicant bears costs of an extension application) and directed that costs await the outcome of the appeal, given the intended appeal was still pending filing.
Legal principles established
#- Where a party has done everything required to obtain proceedings, any delay on the part of the court machinery constitutes sufficient cause for extension of time
- Enlargement of time is a discretionary, equitable remedy requiring explanation of delay, arguability of the appeal and absence of prejudice to the respondent
Court orders
#- 1.Leave granted to the applicant to file and serve the memorandum of appeal out of time upon the respondent within 14 days from the date of the ruling
- 2.Stay of execution pending the filing, hearing and determination of appeal granted subject to the applicant depositing Kshs 100,000.00 as security in court within 21 days from the date of the ruling
- 3.In default, the leave granted shall automatically lapse and be deemed vacated without further orders from the court
- 4.Costs of the application to abide by the outcome of the intended appeal
- On appeal from
- Taveta Magistrates Court (trial court)
- Taveta ELC Case No. E022 of 2024
- Jurisdiction invoked
- Sections 1A, 1B, 3A, 79G and 95 of the Civil Procedure Act, Cap. 21; Order 42 Rule 6 and Order 50 Rule 6 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kalukarange Kamuri Ruigie v Belton Mwazighe Mwatela", Case Analysis (2026). ELCLA/E012/2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6038/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.