Kenya Case Law

Rewot Africa Communications Ltd v Tikoo & Company Ltd & another

Rewot Africa Communications Ltd v Tikoo & Company Ltd & another (Environment and Land Appeal E119 of 2026) [2026] KEELC 5247 (KLR) (6 August 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Appeal E119 of 2026

Judge

["MN Kullow"]

The Applicant failed to prove any new facts or evidence to justify departure from the earlier finding that there was no prima facie case, no irreparable harm, and no basis for injunction; the dispute remained about rent arrears and distress for rent. The Applicant also failed to demonstrate substantial loss or furnish security for due performance under Order 42 Rule 6. The application was therefore dismissed.

Source excerpt

• Distress for rent
• Prima facie case
• Substantial loss
• Security for due performance
• Status quo orders
• Sub judice

Etirikia v Meru Teachers House Ltd

Etirikia v Meru Teachers House Ltd (Civil Appeal E011 of 2026) [2026] KEHC 12002 (KLR) (29 July 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E011 of 2026

Judge

["HM Nyaga"]

The applicant failed to demonstrate a proper basis for review or to propose security that would effectively and practically secure the respondent’s position; land offered as alternative security was unsuitable because its realization was uncertain and cumbersome, so the original conditional stay order was not varied.

Source excerpt

• Review of orders
• Alternative security for decretal sum
• Conditional stay of execution
• Sufficiency and realizability of security
• Order 45 review grounds

Kisilu t/a Kind Medical Services v Transwide Pharmaceuticals Ltd & another

Kisilu t/a Kind Medical Services v Transwide Pharmaceuticals Ltd & another (Civil Appeal E089 of 2025) [2026] KEHC 11238 (KLR) (23 July 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E089 of 2025

Judge

["SM Githinji"]

The application for stay and injunction failed because the applicant did not demonstrate the elements required for injunctive relief and stay, his anticipated loss was compensable by damages, no adequate basis for substantial loss was shown, and the motor vehicle had already been sold before the interim orders issued, rendering those prayers spent. Leave to come on record was nevertheless granted to avoid impeding the appellant’s right to counsel of choice.

Source excerpt

• Leave to come on record after judgment
• Stay pending appeal
• Interlocutory injunction pending appeal
• Substantial loss
• Execution after default judgment
• Application overtaken by events

Muturi v Mitei

Muturi v Mitei (Civil Appeal E212 of 2024) [2026] KEHC 10839 (KLR) (10 July 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E212 of 2024

Judge

["JM Chigiti"]

The Applicant failed to explain an approximately 11-month delay in filing the appeal, failed to demonstrate good and sufficient cause under Section 79G, and failed to satisfy the mandatory conditions for stay under Order 42 Rule 6. The court therefore dismissed the motion and discharged any interim stay orders.

Source excerpt

• Res judicata
• Extension of time to appeal
• Order 42 rule 6 requirements
• Substantial loss
• Unreasonable delay
• Security for due performance

Maingi alias Daniel Mwau Maingi & another v Maingi

Maingi alias Daniel Mwau Maingi & another v Maingi (Miscellaneous Civil Application E187 of 2024) [2026] KEHC 9595 (KLR) (25 June 2026) (Ruling)

Court

High Court

Case number

Miscellaneous Civil Application E187 of 2024

Judge

["AN Ongeri"]

The court held that the supporting affidavit was competent because the deponent had personal knowledge of the email glitch and internal communication failure; the delay in filing the appeal was minor and reasonably explained, satisfying the principles for extension of time; and the applicants had shown a basis for stay by offering security through a bank guarantee, so the application succeeded subject to strict conditions.

Source excerpt

• Extension of time to appeal
• Order 42 rule 6 stay of execution
• Substantial loss
• Security for due performance
• Competence of supporting affidavit
• Mistake of counsel

Baharati Limited v Mwihaki & another (Suing as the personal representatives of the Estate of Joshua Mutuku Muthike - Deceased)

Baharati Limited v Mwihaki & another (Suing as the personal representatives of the Estate of Joshua Mutuku Muthike - Deceased) (Miscellaneous Civil Application E186 of 2025) [2026] KEHC 7091 (KLR) (13 May 2026) (Ruling)

Court

High Court

Case number

Miscellaneous Civil Application E186 of 2025

Judge

["NIO Adagi"]

The court held that although the applicant had not satisfactorily explained the delay in filing the appeal, the delay of 18 days beyond the appeal period was not inordinate and the intended appeal was arguably meritorious. The applicant was therefore allowed to appeal out of time, but stay of execution was made conditional on deposit of the entire decretal sum in court or in a joint interest-earning account within 15 days, together with payment of throw-away costs and auctioneers’ charges.

Source excerpt

• Extension of time to appeal
• Leave to file appeal out of time
• Substantial loss
• Security for due performance
• Delay in filing appeal
• Balance of convenience

Gathumbi v Gathumbi

Court

Court of Appeal

Case number

Civil Application E068 of 2022

Judge

["J Mohammed", "LK Kimaru", "AO Muchelule"]

The Court of Appeal dismissed a Rule 5(2)(b) application for stay and injunction, holding there was no jurisdiction to stay a negative order and no valid appeal without leave.

• Rule 5(2)(b) jurisdiction
• Arguable appeal
• Nugatory test
• Negative order
• Leave to appeal
• Order 42 rule 6 stay

Inuka Afrika Properties Limited v Lawrence Charo Karisa & 3 others

Court

Court of Appeal

Case number

Civil Application E043 of 2025

Judge

["AK Murgor", "GW Ngenye-Macharia", "JM Ngugi"]

The Court of Appeal granted stay of execution and injunctive relief pending appeal, holding that the applicant raised arguable grounds and risked nugatory loss.

• Rule 5(2)(b) criteria
• Arguable appeal
• Nugatory aspect
• Preservation of status quo
• Bona fide purchaser for value without notice
• Eviction from land