Kibui v Mungai (Environment and Land Appeal E050 of 2025) [2026] KEELC 2187 (KLR)

Kibui v Mungai (Environment and Land Appeal E050 of 2025) [2026] KEELC 2187 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEELC 2187 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NYAHURURU ENVIRONMENT AND LAND APPEAL E050 OF 2025 LN MBUGUA, J APRIL 16, 2026 BETWEEN JOSEPH GITHAE KIBUI ........................................................................ APPELLANT AND FRANCIS NJIHIA MUNGAI ............................................................. RESPONDENT RULING 1. Before me is a notice of motion application dated 18.12.2025 in which the appellant is seeking orders of stay of execution of the judgment delivered on 18.11.2025 in Nyahururu CM ELC Case No. E017 OF 2021 pending the hearing and determination of the appeal. The appellant contends that he was dissatisfied with the aforementioned judgment, which if executed would adversely afiect him, adding that it is important to preserve the substratum of the suit. The application was served but no response was filed. 2. In Winfred Nyawira Maina v Peterson Onyiego Gichana [2015] eKLR, cited in Selestica Limited v Gold Rock Development Ltd [2015], the Court held that: “ The foundation of the stay pending appeal is that the party is intending to file or has filed an appeal in the exercise of his constitutional right of appeal. He must, however, show suficient cause and preponderantly, that, if his appeal succeeds, he will sufier substantial loss unless stay is ordered. Moreover, he must bring his application without unreasonable delay and give security suficient to cover performance of the decree which may ultimately be payable by him”. 3. In the case at hand, the appeal was duly filed on time. In the body of the judgment before the trial court, it was observed that the appellant is the one in occupation of the suit land, but in the final orders, he is required to vacate the said land. In the circumstances, I find that the appellant has met the criteria for https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2187/eng@2026-04-16 1

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