Saisi v Director of Public Prosecutions & 2 others
The bottom line
#Supreme Court halts criminal trial pending appeal to prevent injustice.
What this practically means
#The Supreme Court stopped a criminal case against Praxidis Namoni Saisi from continuing in the lower court until her appeal is heard. The Court found that her appeal raises serious legal questions, and without a stay, the trial would make her appeal pointless. This decision protects her right to a fair hearing while the higher court reviews the case.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appeal is arguable and not frivolous
- 2.Whether the appeal would be rendered nugatory if stay is not granted
- 3.Whether it is in the public interest to grant the stay
Key legal issues
#Whether the applicant has satisfied the principles for grant of stay of execution pending appeal.
The applicant has satisfied the principles for grant of stay of execution pending appeal.
The Court adopted its reasoning in a related application (Application No. 31 of 2019) where it found that the applicants had demonstrated an arguable case which would be rendered nugatory in the absence of intervention. The Court noted that the applicant's appeal is related to and connected with that application, and the respondents opposed on the same grounds. Without delving into the merits, the Court found that the applicant had made out a case for stay.
Legal principles established
#- A stay of execution requires the appeal to be arguable and not frivolous.
- The appeal must be rendered nugatory if the stay is not granted.
- Public interest must favor granting the stay.
- Related cases can be decided by adopting reasoning from a similar application.
- Consolidation of related petitions ensures efficient and expeditious hearing.
Court orders
#- 1.The execution of the decision of the Court of Appeal in Civil Appeal No. 313 of 2017 delivered on 20th September 2019 is stayed pending the hearing and determination of the appeal.
- 2.Each party shall bear its own costs of the Application.
- 3.Petitions Nos. 39 and 40 of 2020 are consolidated and upon Directions being taken before the Deputy Registrar, the same to be heard and determined expeditiously.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Court of Appeal at Nairobi
- Civil Appeal No. 313 of 2017 (consolidated with Civil Appeal No. 184 of 2016)
- Jurisdiction invoked
- Articles 163(3)(b)(i) and 163(4)(a) of the Constitution
- Consolidated with
- Petition No. 39 of 2019, Petition No. 40 of 2019
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.
The execution of the decision of the Court of Appeal [Warsame, Makhandia & Murgor JJA] in Civil Appeal No.313 of 2017 delivered on 20th September 2019 be and is hereby stayed pending the hearing and determination of the appeal.
Each party shall bear its costs of the Application.
Petitions Nos. 39 and 40 of 2020 are hereby consolidated and upon Directions being taken before the Deputy Registrar, the same to be heard and determined expeditiously.
a party seeking stay orders must address the following issues: i) Whether the appeal or the intended appeal is arguable and not frivolous; ii) That unless the order of stay sought is granted, the appeal or intended appeal, were it to eventually succeed will be rendered nugatory; iii) That it is the public interest that the order of the stay be granted.
Key timeline
#Practical implications
#Three-part test for stay applications
When seeking a stay pending appeal in the Supreme Court, you must clearly address all three conditions: arguable appeal, nugatory effect without stay, and public interest. Use precedent like Gatirau Peter Munya to structure your submissions. Adopting reasoning from related cases can strengthen your argument.
Protect against premature criminal trials
If your company faces criminal charges linked to a tender or contract, and you have a pending appeal on legal grounds, you can apply for a stay to halt proceedings. This prevents the trial from proceeding while the higher court reviews key legal issues, saving time and resources.
Right to fair hearing preserved
If you are charged with a crime and believe the charges are legally flawed, you can appeal to the Supreme Court and ask for a stay. The Court will stop the trial if your appeal raises serious questions and continuing would make your appeal useless. This protects your right to a fair process.
Frequently asked questions
#What is a stay of execution in Kenya?+
A stay of execution is a court order that temporarily stops a legal process, like a trial or enforcement of a judgment, while an appeal is pending. It prevents the appeal from becoming pointless if the lower court action continues.
How do I apply for a stay of execution in the Supreme Court of Kenya?+
You must file an application showing your appeal is arguable, not frivolous, that without a stay the appeal would be useless, and that public interest favors the stay. The Court will decide based on these three conditions.
Can a criminal trial be stopped pending appeal in Kenya?+
Yes, the Supreme Court can stop a criminal trial if you have a pending appeal that raises serious legal issues. The Court will grant a stay if continuing the trial would make your appeal meaningless.
What does 'nugatory' mean in Kenyan law?+
In legal terms, 'nugatory' means something is useless or ineffective. If a stay is not granted and the appeal succeeds later, the appeal would have no practical effect because the trial or enforcement already happened.
Cite this brief
#Cite this brief
Caselaw, "Saisi v Director of Public Prosecutions & 2 others", Case Analysis (2020). Civil Application 2 of 2020. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2020/24/eng@2020-09-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.