Kisioki v Mutinda (Employment and Labour Relations Appeal E069 of 2025) [2026] KEELC 2524 (KLR) (30 April 2026) (Ruling)

Applicant met the threshold for grant of stay pending appeal by demonstrating substantial loss, acting without unreasonable delay, and providing security for costs.

Citation: [2026] KEELC 2524 (KLR)
Parties: Appellant/applicant: Hadija Kisioki; Respondent: Nzenga Mutinda
Court: Environment and Land Court
Jurisdiction: Kenya
Judgment Date: 30 April 2026
Case Number: Employment and Labour Relations Appeal E069 of 2025
Procedural Posture: Appeal / Interlocutory Application for Stay Pending Appeal
Outcome: stay of execution granted pending appeal, conditional upon deposit of security
Legal Topics: Stay of Execution, Eviction, Security for Costs, Succession, Fraud in Title Acquisition
Source Language: English

Civil Procedure Land Law Stay of Execution Eviction Security for Costs Succession Fraud in Title Acquisition

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Parties

Hadija Kisioki

Appellant/applicant

Nzenga Mutinda

Respondent

Procedural Posture

Appeal / Interlocutory Application for Stay Pending Appeal

Legal Issues

1 whether the application meets the threshold for grant of stay pending appeal

Ratio Decidendi

Applicant met the threshold for grant of stay pending appeal by demonstrating substantial loss, acting without unreasonable delay, and providing security for costs.

Court Disposition

stay of execution granted pending appeal, conditional upon deposit of security

Orders

stay of execution of judgment and decree in Loitokitok MC ELC Case No. E014 of 2024 granted pending determination of ELC Appeal No. E069 of 2025
applicant to deposit Kshs. 100,000 as security into joint interest-earning account in names of advocates within 45 days