Telu & 3 others v Chumba & another (Environment and Land Appeal E010 of 2025) [2026] KEELC 4203 (KLR) (7 July 2026) (Ruling)
The court found it appropriate to preserve the subject matter of the appeal by maintaining the status quo and restraining execution, transfer, sale, subdivision, or disposal of the disputed land pending determination of the appeal, because the appeal raised triable issues and the applicants had invoked their right...
Source-derived case information.
- Citation
- [2026] KEELC 4203 (KLR)
- Parties
- Plaintiffs / Applicants / Appellants: Clementina Jelimo Telu & 3 others; Defendants / Respondents: Chepkazi Chumba & another; Respondents in the Magistrate's Court Matter: Clementina Jelimo Telu & others; Plaintiffs in the Magistrate's Court Matter: Chepkazi Chumba & David Cheruiyot Rugut (acting as personal representative of the estate of the late Kiplelei Arap Chumba, deceased)
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E010 of 2025
- Procedural Posture
- Civil Appeal Arising From an Environment and Land Court Land Dispute; Application for Stay of Execution Pending Appeal / Ruling on Notice of Motion for Stay Pending Appeal and Directions
- Outcome
- Application allowed in part; stay and status quo orders granted pending appeal
- Judges
- ["GMA Ongondo"]
- Legal Topics
- Stay of Execution Pending Appeal, Status Quo Orders, Land Ownership and Occupation, Fraud as a Triable Issue, Limitation of Actions, Costs, Record of Appeal and Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clementina Jelimo Telu & 3 others
Plaintiffs / Applicants / Appellants
Chepkazi Chumba & another
Defendants / Respondents
Clementina Jelimo Telu & others
Respondents in the Magistrate's Court Matter
Chepkazi Chumba & David Cheruiyot Rugut (acting as personal representative of the estate of the late Kiplelei Arap Chumba, deceased)
Plaintiffs in the Magistrate's Court Matter
Procedural Posture
Civil Appeal Arising From an Environment and Land Court Land Dispute; Application for Stay of Execution Pending Appeal / Ruling on Notice of Motion for Stay Pending Appeal and Directions
Legal Issues
- 1 Whether execution of the judgment and decree should be stayed pending determination of the appeal
- 2 Whether the status quo over the disputed land should be maintained pending appeal
- 3 Whether the appeal raises triable issues warranting preservation of the subject matter
Ratio Decidendi
The court found it appropriate to preserve the subject matter of the appeal by maintaining the status quo and restraining execution, transfer, sale, subdivision, or disposal of the disputed land pending determination of the appeal, because the appeal raised triable issues and the applicants had invoked their right of appeal.
Court Disposition
Application allowed in part; stay and status quo orders granted pending appeal
Orders
- Status quo over land reference number Nandi/Kaptel/1997 to be maintained pending the appeal.
- The four applicants shall remain in occupation of the property pending the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT KAPSABET** **ELCLA NO. E010 OF 2025** **CLEMENTINA JELIMO TELU & 3 OTHERS ………………..PLAINTIFFS** **VERSUS** **CHEPKAZI CHUMBA & ANOTHER…………………………DEFENDANTS** **RULING** 1. The four applicants/appellants through Wambua Kigamwa and Company Advocates commenced an application by way of Notice of Motion dated 6th November 2025 seeking principally, that pending the hearing and determination of the appeal herein there be stay of execution of the judgment/decree delivered on 29th August 2025 in Kapsabet Chief Magistrate ELC No. 68 of 2029 Chepkazi Chumba & David Cheruiyot Rugut (Acting as the personal representative of the estate pf the late **Kiplelei Arap Chumba-Deceased) vs Clementina Jelimo Telu & others.** 2. Initially, the appeal had been filed at Eldoret Environment and Land Court. Subsequently, the appeal was transferred to this court for hearing and determination. 3. After hearing Mr. Mogambi and Mr. Choge learned counsel for the applicants/appellants and the respondents respectively with regard to the application, it is common ground that the application be determined on terms to pave way for hearing of the appeal. 4. Further, it is notable that the appeal was originated by the memorandum of appeal 26th September 2025 containing triable issues, inter alia, fraud and limitation of actions. 5. Furthermore, this Honourable court subscribes to the Court of Appeal decision in the case of **Butt vs Rent Restriction Tribunal {1979} KECA 22 (KLR)** where it was observed; ***‘ .......the litigants and their professional advisors are the best judges of their affairs........ and the appellant has an undoubted right of appeal......’*** 1. In the premises, the application dated 6th November 2026 is hereby determined thus; 2. The status quo prevailing over the land reference number **Nandi/Kaptel/1997** being the property in dispute, be maintained by the parties herein pending the outcome of the instant appeal. In particular, the four applicants shall remain in occupation of the said property and the respondents shall not transfer, sell, subdivide or dispose of the same pending the hearing and determination of the appeal. 3. There shall be no execution of the judgment and decree in Kapsabet CMC ELC No. 68 of 2019 pending the outcome of the appeal herein. 4. No orders as to costs. 5. Learned counsel for the appellants to file and serve record of appeal within the next thirty days from this date. 6. The appeal is set for directions on 28th September 2026. 7. It is so ordered. **Dated** and **Delivered** at **Kapsabet** this 7th day of **July** 2026. **HON. G M A ONGONDO** **JUDGE** **In the presence of;** 1. Mr. Mogambi learned counsel for the applicants/appellants 2. Mr. Choge learned counsel for the respondents 3. Mr. Walter Kipkorir, court assistant