Gikunju v Kenya African National Union & 8 others (Environment and Land Appeal E016 of 2025) [2026] KEELC 2551 (KLR) (22 April 2026) (Ruling)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NANYUKI ELC APPEAL NO. E016 OF 2025 DAVID MATHEA GIKUNJU P/A………..APPELLANT/APPLICANT -VERSUS- KENYA AFRICAN NATIONAL UNION……………1ST RESPONDENT NATIONAL DIRECTOR OF PHYSICAL PLANNING, MINISTRYOF LANDS, HOUSING & NATIONAL PLANNING……………………………………….……2ND RESPONDENT COMMISSIONER OF LANDS………….………….3RD RESPONDENT JAMES MWANGI WANJOHI………………….…..4TH RESPONDENT LUCY WANGUI KAMAU…………………………….5TH RESPONDENT MARY W. MACHARIA………………….…………..6TH RESPONDENT ELC Appeal No. E016 of 2025 Page 1 of 4 HENTLY LESEINA………………………….……….7TH RESPONDENT JANE WANJIRU NDEGWA……………..………….8TH RESPONDENT ALICE WANJIKU MAIN………………..…………..9TH RESPONDENT RULING 1. Before me is a notice of motion application dated 3.10.2025 filed by the appellant seeking orders of stay of execution of the ruling delivered in Rumuruti SPMC ELC NO. E003 OF 2024 on 30.9.2025. The grounds in support of the application are that the 1st respondent instructed its advocate to withdraw the suit, of which the 4th respondent made an application for payment of costs by the appellant, an application which was supported by the 1st respondent. That in its ruling of 30.9.2025, the court made a finding that the appellant did not have instructions from the 1 st respondent to file the suit and proceeded to order the appellant to pay costs to the respondents. ELC Appeal No. E016 of 2025 Page 2 of 4 2. The appellant avers that he is aggrieved by the said ruling, hence the appeal and that he stands to suffer loss and damage if an order of stay of execution is not granted. 3. The application is opposed by the 4th Respondent vide grounds of opposition dated 7.11.2025 where it is argued that the applicant ought to deposit the taxed sum of Kshs.161,000/- and security for costs of the appeal at Kshs.300,000/- as a condition for the stray orders, adding that the applicant is determined to deny the 4th respondent the fruits of litigation. 4. The court has considered the rival arguments. This court has discretion to grant or to refuse an application for stay of execution pending appeal in terms of the provisions of Order 42 of the Civil Procedure Rules. It is noted that the appeal will turn on whether the appellant had instructions to file the Rumuruti suit. That is a question which can be dealt with in limine in the appeal. Thus, in the intervening period, the stay orders are appropriate. In the circumstances, the application dated 3.10.2025 is allowed but the orders shall remain in force for a period of 6 months. ELC Appeal No. E016 of 2025 Page 3 of 4 DATED, SIGNED AND DELIVERED AT NANYUKI THIS 22ND DAY OF APRIL 2026 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of: Ms Rotich holding brief for Kamau for the Appellant Kibet for the Respondent CA Nancy Mwangi ELC Appeal No. E016 of 2025 Page 4 of 4