https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5052
Because the application for stay of implementation was not opposed by the 1st respondent and the Attorney General, the court granted a stay of implementation of the lower court's order pending disposal of the appeal, with costs to abide the appeal.
Source-derived case information.
- Citation
- [2026] KEELC 5052 (KLR)
- Parties
- Appellant: Madalina Kathao Kalunge; 1st Respondent: Josephat Thiane Muthuri; 2nd Respondent: Igembe South Sub-County/County Surveyor; 3rd Respondent: The Land Registrar Meru North; 4th Respondent: Attorney General
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Land Case Appeal E066 of 2026
- Procedural Posture
- Environment and Land Court Appeal / Interlocutory Application for Stay of Implementation Pending Appeal
- Outcome
- Application allowed
- Judges
- ["BM Eboso"]
- Legal Topics
- Stay of Execution/implementation, Surveyor's Report, Interlocutory Relief Pending Appeal, Consent/non Opposition to Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Madalina Kathao Kalunge
Appellant
Josephat Thiane Muthuri
1st Respondent
Igembe South Sub-County/County Surveyor
2nd Respondent
The Land Registrar Meru North
3rd Respondent
Attorney General
4th Respondent
Procedural Posture
Environment and Land Court Appeal / Interlocutory Application for Stay of Implementation Pending Appeal
Legal Issues
- 1 Whether the court should stay implementation of the lower court's order pending determination of the appeal.
- 2 Whether the respondents opposed the application for stay.
Ratio Decidendi
Because the application for stay of implementation was not opposed by the 1st respondent and the Attorney General, the court granted a stay of implementation of the lower court's order pending disposal of the appeal, with costs to abide the appeal.
Court Disposition
Application allowed
Orders
- Stay of implementation of the order of the lower court made on 20/8/2025 granted pending disposal of the appeal.
- Costs of the application dated 17/6/2026 to be in the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT MERU** **ELCL APPEAL CASE NO. E066 OF 2026** **MADALINA KATHAO KALUNGE...............................APPELLANT** **=VERSUS=** **JOSEPHAT THIANE MUTHURI........................1ST RESPONDENT** **IGEMBE SOUTH SUB-COUNTY/** **COUNTY SURVEYOR.....................................2ND RESPONDENT** **THE LAND REGISTRAR MERU NORTH...........3RD RESPONDENT** **ATTORNEY GENERAL .................................4TH RESPONDENT** **RULING** **[EX-TEMPORE]** 1. Before court is the notice of motion dated 17/6/2026. Through it, the appellant seeks an order staying implementation of the order of the lower court dated 20/89/2025 on reliance of the surveyor’s report dated 30/9/2025. 2. Although the 1st respondent filed a response, his counsel has informed the court that he does not oppose the plea for stay of implementation pending the hearing and disposal of this appeal. The Attorney General, too, does not oppose the stay of implementation. 3. In the circumstances, there shall be a stay of implementation of the order of the lower court made on 20/8/2025, pending the disposal of this appeal. Costs of the application dated 17/6/2026 shall be in the appeal. The application is marked disposed in the above terms. **DATED, SIGNED AND DELIVERED AT MERU THIS 21ST DAY OF JULY, 2026.** **B M EBOSO [MR]** **ELC JUDGE** **In the Presence of:** Ms Maore for the Applicant Mr Omari for the 1st Respondent Ms Wairimu for the 2nd, 3rd and 4th Respondents Mr. E. Tupet – Court Assistant