https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2866
Because the application was not opposed, the court allowed the prayers sought and granted stay of execution pending the hearing and disposal of the appeal.
Source-derived case information.
- Citation
- [2026] KEELC 2866 (KLR)
- Parties
- 1st Appellant: Stephen Raibuni M’Mutunga; 2nd Appellant: Hammerton Kimathi; 3rd Appellant: Kirima Kinyua; 4th Appellant: Polly Kanana; 1st Respondent: Lucy Naitore Lobo; 2nd Respondent: Morris Murithi; 3rd Respondent: Caroline Mwendwa Mutuma; Affected Party: Jacob Mwiti
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Planning Appeal E003 of 2025
- Procedural Posture
- Environment and Planning Appeal / Ruling on Notice of Motion for Leave to Appeal Out of Time and Stay of Execution
- Outcome
- Application allowed
- Judges
- ["BM Eboso"]
- Legal Topics
- Extension of Time, Stay of Execution, Unopposed Application, Appeal From Subordinate Court Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Raibuni M’Mutunga
1st Appellant
Hammerton Kimathi
2nd Appellant
Kirima Kinyua
3rd Appellant
Polly Kanana
4th Appellant
Lucy Naitore Lobo
1st Respondent
Morris Murithi
2nd Respondent
Caroline Mwendwa Mutuma
3rd Respondent
Jacob Mwiti
Affected Party
Procedural Posture
Environment and Planning Appeal / Ruling on Notice of Motion for Leave to Appeal Out of Time and Stay of Execution
Legal Issues
- 1 Whether the appellants should be granted leave to appeal out of time.
- 2 Whether execution of the judgment and decree in Meru CMC E & L Case No E133 of 2023 should be stayed pending appeal.
Ratio Decidendi
Because the application was not opposed, the court allowed the prayers sought and granted stay of execution pending the hearing and disposal of the appeal.
Court Disposition
Application allowed
Orders
- Appeal admitted out of time.
- Stay of execution of the judgment and decree in Meru CMC E & L Case No E133 of 2023 granted pending the hearing and disposal of the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
M’Mutunga & 3 others v Lobo & 3 others (Environment and Planning Appeal E003 of 2025) [2026] KEELC 2866 (KLR) (12 May 2026) (Ruling) Neutral citation: [2026] KEELC 2866 (KLR) Republic of Kenya In the Environment and Land Court at Meru Environment and Planning Appeal E003 of 2025 BM Eboso, J May 12, 2026 Between Stephen Raibuni M’Mutunga 1st Appellant Hammerton Kimathi 2nd Appellant Kirima Kinyua 3rd Appellant Polly Kanana 4th Appellant and Lucy Naitore Lobo 1st Respondent Morris Murithi 2nd Respondent Caroline Mwendwa Mutuma 3rd Respondent and Jacob Mwiti Affected Party Ruling (EX-TEMPORE) 1.Through the notice of motion dated 1/8/2025, the three appellants seek the following orders: (i) an order admitting this appeal out of time; and (ii) an order staying execution of the judgment and decree in Meru CMC E & L Case No E133 of 2023. 2.The three respondents are represented by M/s Karimi Gikundi Advocates. Ms Karimi Gikundi has submitted that the respondents are not opposed to the application. 3.In the absence of any opposition, the application is hereby allowed in terms of prayers 3 and 2. Prayer 2 is allowed pending the hearing and disposal of this appeal. DATED, SIGNED AND DELIVERED AT MERU THIS 12TH DAY OF MAY, 2026.B M EBOSO [MR]ELC JUDGEIn the presence of:Ms Gikundi for the 1st – 3rd Respondents.Mr Mwenda Mwarania for the Appellants.Court Assistant – Mr. E. Tupet