Chepkurui v Chepkurui & another (Environment and Land Appeal E054 of 2025) [2026] KEELC 2172 (KLR) (16 April 2026) (Ruling)

Chepkurui v Chepkurui & another (Environment and Land Appeal E054 of 2025) [2026] KEELC 2172 (KLR) (16 April 2026) (Ruling)

The applicant met the threshold for stay of execution pending appeal by demonstrating risk of substantial loss if the title is cancelled before the appeal is heard, the application was made without undue delay, and the court accepted the suit property as sufficient security. To balance interests, the court ordered a...

Source-derived case information.

Citation
[2026] KEELC 2172 (KLR)
Parties
Appellant/applicant: Francis Changwony Chepkurui; 1st Respondent: Amos Chepkurui; 2nd Respondent: Kevin Kipruto Kibet
Court
Environment and Land Court
Jurisdiction
Kenya
Judgment Date
16 April 2026
Case Number
Environment and Land Appeal E054 of 2025
Procedural Posture
Environment and Land Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application allowed
Legal Topics
Stay of Execution, Appeals, Fraudulent Land Registration, Security for Due Performance
Source Language
english
Civil Procedure Land Law Stay of Execution Appeals Fraudulent Land Registration Security for Due Performance

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Francis Changwony Chepkurui

Appellant/applicant

Amos Chepkurui

1st Respondent

Kevin Kipruto Kibet

2nd Respondent

Procedural Posture

Environment and Land Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has met the threshold for grant of stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules

Ratio Decidendi

The applicant met the threshold for stay of execution pending appeal by demonstrating risk of substantial loss if the title is cancelled before the appeal is heard, the application was made without undue delay, and the court accepted the suit property as sufficient security. To balance interests, the court ordered a stay of execution and restrained the applicant from transferring or disposing of the property pending appeal.

Court Disposition

Application allowed

Orders

  • Stay of execution of the judgment of Eldoret Magistrate’s Court Land Case No. E079 of 2023 pending determination of the appeal.
  • Appellant restrained from transferring or disposing of Sergoit/Koiwoptaoi Block 12 (Katalel)32 pending appeal.