Registered Trustees of Moi University Pension Scheme v Attorney General & 4 others
The bottom line
#The Environment and Land Court paused a land title cancellation, but only after the losing party deposited Kshs. 5 million as security.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether an Order for Stay of Execution can issue against judgment issued on 30th April, 2026 and the resultant decree.
- 2.Who shall bear the costs of the present application.
Key legal issues
#Whether the applicant demonstrated substantial loss
Substantial loss demonstrated because execution would cancel the applicant's title and destroy the subject matter of the appeal
The court perused the judgment of 30.04.2026 and noted that Order No. 5 directed the County Land Registrar to cancel the applicant's title to Block 7/320 and revert it to the plaintiff. If executed, the subject matter of the intended appeal would cease to exist and the plaintiff could develop the land, physically altering the status quo pending appeal.
Whether the application was filed without unreasonable delay
Filed within 14 days of judgment; no inordinate delay
Judgment was delivered on 30th April 2026 and the application filed on 14th May 2026, a period of 14 days. The court found the application was filed promptly and timeously, satisfying the second condition under Order 42 Rule 6(2).
Whether security for costs was provided
Stay granted on condition the applicant deposits Kshs. 5 million as security within 30 days
The applicant had not expressed willingness to deposit security, but the court exercised its discretion in its favour, imposing a condition of Kshs. 5 million, rejecting the plaintiff's proposed Kshs. 15 million as exorbitant. Failure to comply would cause the stay to lapse automatically.
Legal principles established
#- No appeal operates as an automatic stay; stay preserves the substratum of the appeal and prevents it being rendered nugatory.
- Substantial loss means real loss of worth or value, not nominal loss, and must be demonstrated, not merely alleged.
- Security under Order 42 guarantees due performance of the decree, not punishment of the judgment debtor.
Court orders
#- 1.An order of stay of execution issued staying the judgment delivered on 30th April, 2026 and the subsequent decree pending the hearing and determination of the appeal to the Court of Appeal.
- 2.The 4th Defendant/Applicant directed to deposit Kshs. 5,000,000/= in court or in a Joint Bank Account held in the names of the Advocates for the 4th Defendant and for the Plaintiff as security for costs for the due performance of the decree within 30 days from the date of the Ruling.
- 3.Failure by the applicant to comply with order (b), order (a) shall automatically lapse.
- 4.Each party to bear their own costs of the Application.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act; application under Order 42 Rule 6(2) of the Civil Procedure Rules, 2010
Relief refused
#Plaintiff's proposed security of Kshs. 15 million
Court found the proposed sum exorbitant and instead ordered Kshs. 5 million
Costs
Each party to bear their own costs of the Application.
Quotable passages
#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 settled law that no appeal shall operate as an automatic stay of execution. The purpose of an order of stay of execution is to preserve the substratum of appeal and ensure that the appeal is not rendered nugatory.
Substantial loss is what has to be prevented by preserving the status quo because such loss would render the Appeal nugatory.
The onus of demonstrating and proving the said requirements on a balance of probabilities lies on the applicant in compliance with the provisions of sections 107,108,109 and 110 of the Evidence Act.
An order of stay of execution be and is hereby issued staying the judgment delivered on 30th April, 2026 and the subsequent decree pending the hearing and determination of the appeal to the Court of Appeal.
Each party to bear their own costs of the Application.
Issues in the judgment
#Date discrepancy in disposition
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees of Moi University Pension Scheme v Attorney General & 4 others", Case Analysis (2026). Environment and Land Case 89 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6108/eng@2026-10-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.