https://new.kenyalaw.org/akn/ke/judgment/keca/2026/990

Kwanza Estates Ltd v Mocha Hotel Ltd (Civil Appeal (Application) E173 of 2025) [2026] KECA 990 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KECA 990 (KLR) Republic of Kenya In the Court of Appeal at Kisumu Civil Appeal (Application) E173 of 2025 MS Asike-Makhandia, JA May 20, 2026 Between Kwanza Estates Ltd Appellant and Mocha Hotel Ltd Respondent (Being a hearing on the question of urgency from the judgment and decree of the Environment and Land Court at Kisii, (Munyao, J.) dated 4th June, 2025 in ELC No. E14 of 2022) Ruling 1.Kwanza Estates Ltd, “the applicant”, filed a Motion on Notice under certificate of urgency dated 31st March, 2026, seeking to stay the execution of the judgment and decree passed by the Environment and Land Court (ELC) in Kisii on 4th June, 2025. 2.By that judgment and decree, Mocha Hotel Limited, “the respondent”, was awarded a sum of Kshs.11,009,000/- for loss of goods and other fixtures occasioned by the unlawful acts of the applicant. It is this decision that the applicant wishes to appeal against. 3.Evincing this intention, the applicant has already filed a Notice of Appeal and applied for typed proceedings. On the basis of the notice of appeal aforesaid, the applicant has lodged the instant application. As required by the Rule 49 of the Court of Appeal Rules, the application was placed before me to certify whether it was urgent or not. 4.Upon consideration, I was not satisfied that it was urgent and consequently declined to satisfy it as such. 5.Consequent upon that refusal, the applicant pursuant to Rule 49(5) of the Court of Appeal Rules wrote a letter dated 15th April, 2026, requesting that the application be placed before a Single Judge of this Court for hearing, strictly on the issue or question of urgency. 6.The file was once again placed before me for directions. I did direct that the question be determined by way of affidavits and written submissions and without appearance of counsel. Those directions have since been complied with. 7.However, the respondent’s replying affidavit as well as written submissions are irrelevant to the question at hand. They all dwell on the exercise of the jurisdiction of this Court on a 5(2)(b) application which is not a matter for consideration before me for now. They do not at all deal with the question of urgency. 8.I am thus only left with what the applicant has said as regards the urgency. The applicant indicates that party and party costs taxation proceedings have been undertaken and ruling therein is reserved for 11th June, 2026. This is a clear demonstration that the respondent is bent on executing the decree. If that were to happen, it will defeat the essence of this application. 9.Accordingly, I am now satisfied that the application is urgent. I will therefore review my earlier order and now certify the application as urgent. DATED AND DELIVERED AT KISUMU THIS 20TH DAY OF MAY, 2026.ASIKE-MAKHANDIA...........................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR