https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6937

Transmara Sugar Co Ltd v Makori (Civil Appeal E001 of 2025) [2026] KEHC 6937 (KLR) (21 May 2026) (Ruling) Neutral citation: [2026] KEHC 6937 (KLR) Republic of Kenya In the High Court at Kisii Civil Appeal E001 of 2025 Sifuna Nixon, J May 21, 2026 Between Transmara Sugar Co Ltd Appellant and Hezbon D Makori Respondent Ruling 1.This ruling is on the Appellant’s Application dated 7th July 2025. By which the Appellant is seeking this Court’s order for a stay of proceedings in Kisii Small Claims Cause No. E193 OF 2025; pending the hearing and determination of this Appeal. The Application is supported by the Supporting Affidavit of Samuel Kalu the Appellant’s Legal Compliance Manager. 2.The Application has cited Sections 1A, 1B, 3A & 63(e) of the Civil Procedure Act (Cap 21 Laws of Kenya), as well as Articles 47, 48, 50 and 159 (2) (d) of the Kenya Constitution. It is based on the grounds stated on it, and which are principally that while the Applicant has filed this Appeal from an interlocutory ruling in Kisii Small Claims Cause No. E193 OF 2025, the said trial court has scheduled the suit for hearing. 3.The Applicant maintains that the said court lacks jurisdiction to entertain the claim; as that the dispute the subject of the suit, is governed by the provisions Arbitration Act (Act No. 4 of 1995), and should be referred to arbitration. Analysis and Determination 4.The Application was canvassed by way of written submissions. I have considered the Application (together with its Supporting Affidavit), as well as the written submissions on it. 5.I note that this Appeal has challenged the jurisdiction of the trial court. While the Appeal has not yet been heard, the jurisdiction of a court is a critical aspect. Want of jurisdiction is a very weighty ground of Appeal, so much that when it is in an interlocutory Appeal arising from an on-going suit, it is prudent to order a stay of the proceedings in the trial court. 6.The law is not abstract. It is a living reality. Hence it has to serve a practical purpose, lest it be merely academic and rhetorical. What is the benefit of a trial court proceeding with the trial of s suit, when its jurisdiction has been challenged on Appeal? After all, all those proceedings and the eventual determination in the trial court, will become a nullity, should the Appeal succeed and it be determined that the trial court lacked jurisdiction. 7.For those reasons I find merit in this Application and allow it accordingly. In terms that pending the hearing and determination of the Appeal, there shall be a stay of further proceedings in Kisii Small Claims Cause No. E193 OF 2025. 8.There is no order as to the costs of the Application DATED AND DELIVERED AT KISII ON THIS 21ST DAY OF MAY, 2026.PROF (DR) NIXON SIFUNAJUDGE