https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1297

Namu v M’Ringeera & 11 others (Civil Application E013 of 2026) [2026] KECA 1297 (KLR) (3 July 2026) (Ruling) Neutral citation: [2026] KECA 1297 (KLR) Republic of Kenya In the Court of Appeal at Meru Civil Application E013 of 2026 SG Kairu, JA July 3, 2026 Between Joseph Mworia Namu Applicant and Zablon Murungi M’Ringeera 1st Respondent The Public Trustee Meru County 2nd Respondent The Sub-County Land Adjudication & Settlement Officer Meru County 3rd Respondent The County Land Adjudication and Settlement Surveyor Meru Count 4th Respondent The Land Registrar Meru County 5th Respondent The Director of Land Adjudication And Settlement…………6Th Respondent The Chief Land Registrar 6th Respondent The Chief Land Registrar 7th Respondent The Honourable Attorney General 8th Respondent Isaac Bundi M;Mwirichia 9th Respondent Jeonicia Gathure John 10th Respondent Asenah Kaimuri Nyamu 11th Respondent Karen Lesly Gaceri 12th Respondent (Being an application for leave to come on record and for stay of execution against the Judgment of the Environment and Land Court of Kenya at Meru (O. Mboya, J.) dated 12th November 2025 in ELC Case No. 16 of 2020) Ruling 1.In his application dated 13th April 2026, the applicant Joseph Mworia Namuu, seeks orders that the firm of Ms. Betty Kiyuki & Company Advocates be granted leave to come on record for the applicant after judgment; that the Notice of Appeal dated 27th November 2025 lodged in the High Court Meru in ELC Suit No. 16 of 2020 on 28th November 2025 be deemed as withdrawn; that the applicant be at liberty to lodge and serve a proper notice of appeal and to file his appeal out of time; and for an order of stay of execution of the said judgment of the High Court pending appeal. Under Rule 55 of the Court of Appeal Rules, an application for stay of execution is not one that a single judge deals with it. 2.The application came up for hearing before me on 2nd June 2026 when learned counsel Mr. Muchiri held brief for Ms. Kiyuki for the applicant while learned counsel Mr. Otieno Obwanda appeared for the 1st respondent. Upon hearing counsel, I reserved the ruling for delivery on 10th July 2026. 3.Based on the material presented, there is pending, before the Court, an earlier application dated 15th December 2025, being Meru COA, Civil Application No. E005 of 2026 (formerly Nyeri COA, Civil Application No. E184 of 2025) in which the 1st respondent seeks to strike out the applicant’s notice of appeal. 4.In the circumstances, and in accordance with the proviso to Rule 55(1) of the Court of Appeal Rules, the order that commends itself to me is to direct that the application dated 13th April 2026 to be heard by the full Court alongside the application dated 15th December 2025, being Meru COA, Civil Application No. E005 of 2026 (formerly Nyeri COA, Civil Application No. E184 of 2025). 5.The Deputy Registrar is accordingly directed to forthwith to serve this Ruling on the parties and to thereafter have both applications fixed for hearing together before the full Court on basis of priority. The earlier direction reserving the ruling in respect of the application dated 13th April 2026 for delivery on 10th July 2026 is hereby vacated. DATED AND DELIVERED AT NAIROBI THIS 3RD DAY JULY 2026.S. GATEMBU KAIRU, FCIArb, CArb.……………………JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR.