Kenya Railways Corporation v Bilal & 14 others
The bottom line
#Supreme Court cannot stop Environment and Land Court proceedings or judgments.
What this practically means
#Kenya Railways asked the Supreme Court to pause an Environment and Land Court judgment that found the eviction of Nubian families illegal. The Supreme Court said it has no power to do that. Its authority to grant stays only covers Court of Appeal decisions or proceedings, not those of the Environment and Land Court. The application was dismissed entirely.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this court has jurisdiction to grant stay of execution of the judgment and decree of the Environment and Land Court, or to stay proceedings pending before that court.
- 2.Whether the application meets the threshold for grant of conservatory orders.
Key legal issues
#Whether the Supreme Court has jurisdiction to grant stay of execution of a judgment of the Environment and Land Court or to stay proceedings pending before that court.
The Supreme Court lacks jurisdiction to grant such orders; its stay jurisdiction is limited to decrees or orders of the Court of Appeal or proceedings before that court.
The court restated its earlier pronouncement in Dande v Director of Public Prosecutions, which held that the Supreme Court can only grant a stay of a decree or order of the Court of Appeal or stay of further proceedings in the Court of Appeal, but not of proceedings pending in a Magistrate's Court. By parity of reasoning, this extends to the Environment and Land Court. The court found that the applicant sought orders against the Environment and Land Court's judgment and proceedings, which falls outside the scope of Article 163(4)(a) and (b) of the Constitution.
Whether the application met the threshold for grant of conservatory orders.
The application lacked merit and was dismissed.
Having found that the court lacked jurisdiction to grant the primary relief sought (stay of the ELC judgment and proceedings), the court concluded that the application was without merit. The court did not proceed to consider the traditional criteria for conservatory orders (prima facie case, irreparable harm, balance of convenience) because the jurisdictional bar was dispositive.
Legal principles established
#- Supreme Court's stay jurisdiction under Article 163(4)(a) and (b) is limited to Court of Appeal orders or proceedings.
- The Supreme Court cannot stay Environment and Land Court judgments or proceedings.
- The Dande v Director of Public Prosecutions precedent applies equally to the Environment and Land Court.
- Lack of jurisdiction is a complete bar; the court will not consider other criteria for conservatory orders.
- Costs of a dismissed stay application follow the outcome of the main appeal.
Court orders
#- 1.The motion dated May 27, 2025 and filed on May 30, 2025 is hereby dismissed.
- 2.The costs of this application shall abide the outcome of the appeal.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal at Kisumu
- Jurisdiction invoked
- Article 163(4)(a) of the Constitution
Relief refused
#Conservatory order staying implementation of the Judgment and decree of the Environment and Land Court at Kisumu delivered on August 27, 2021
This court lacks jurisdiction to stay orders/decree of the Environment and Land Court.
Conservatory order restraining the 8th and 10th respondents from conducting survey, processing and issuing grants, leases and certificates of title in respect of Land Reference No 655 Kibos Township
The application lacks merit and is for dismissal.
Conservatory order staying further proceedings in Kisumu Environment and Land Court Civil Suit No E012 of 2023
This court lacks jurisdiction to stay proceedings pending before the Environment and Land Court.
Costs
The costs of this application shall abide the outcome of the appeal.
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.
This court’s jurisdiction to grant stay orders is confined to decrees or orders of the Court of Appeal, or to further proceedings before that court, as provided under article 163(4)(a) and (b) of the Constitution, and affirmed in the Dande case (supra), and does not extend to orders/decrees of or proceedings pending before the Environment and Land Court, as sought in the present application.
The motion dated May 27, 2025 and filed on May 30, 2025 is hereby dismissed.
The costs of this application shall abide the outcome of the appeal.
Key timeline
#Practical implications
#Stay applications must target correct court
When seeking a stay of execution or proceedings, ensure the order you want to stop comes from the Court of Appeal, not a lower court like the Environment and Land Court. Filing in the Supreme Court for ELC orders is futile and wastes costs. Cite Dande v DPP to preempt jurisdictional challenges.
Land disputes: Supreme Court not a shortcut
If you lose in the Environment and Land Court, you cannot ask the Supreme Court to pause that judgment directly. You must first go through the Court of Appeal. Plan your litigation strategy accordingly to avoid delays and extra legal fees from improper filings.
Your ELC judgment is safe from Supreme Court stay
If you win a case in the Environment and Land Court, the losing party cannot get the Supreme Court to stop your judgment or ongoing proceedings. The Supreme Court has no power over ELC matters. This protects your victory from being frozen by a higher court without proper appellate process.
Frequently asked questions
#Can the Supreme Court stop an Environment and Land Court judgment in Kenya?+
No. The Supreme Court can only stay Court of Appeal orders or proceedings. It has no jurisdiction over Environment and Land Court judgments or cases, as confirmed in this ruling.
What happens if I lose in the Environment and Land Court in Kenya?+
You can appeal to the Court of Appeal. If you lose there, you may appeal to the Supreme Court. But you cannot ask the Supreme Court to pause the ELC judgment directly.
What is the Dande v DPP case about in Kenya?+
Dande v DPP established that the Supreme Court's stay power is limited to Court of Appeal matters. This case extends that rule to the Environment and Land Court, blocking any stay requests for ELC decisions.
Can I get costs back if my stay application is dismissed in Kenya?+
Yes, but the court ordered that costs of this dismissed application will be decided later, based on who wins the main appeal. So you may recover costs if you ultimately succeed.
Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Bariwot & 4 others v Jelimo (Environment and Land Case E031 of 2025) [2026] KEELC 1564 (KLR)[2026] KEELC 1564 (KLR)18 Mar 2026
Cite this brief
#Cite this brief
Caselaw, "Kenya Railways Corporation v Bilal & 14 others", Case Analysis (2026). Petition (Application) E023 of 2025. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2026/14/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.