Kenya Case Law

Matu v Karuri

Matu v Karuri (Environment and Land Appeal E085 of 2024) [2026] KEELC 5201 (KLR) (28 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Environment and Land Appeal E085 of 2024

Judge

["JM Onyango"]

The applicant failed to demonstrate substantial loss or any special prejudice beyond ordinary enforcement of a monetary decree. Because substantial loss is the essential threshold for stay of execution pending appeal, and it was not established, the application for stay failed without the court needing to examine the remaining requirements under Order 42 Rule 6(2).

Source excerpt

• Stay of execution pending appeal
• Substantial loss
• Security for due performance
• Jurisdictional challenge
• Monetary decree

Burke (Suing as the legal representative of the Estate of Lucy Wanjiku Owen Burke) v Butuba & 2 others (Land Case Appeal E155 of 2025)

Burke (Suing as the legal representative of the Estate of Lucy Wanjiku Owen Burke) v Butuba & 2 others (Land Case Appeal E155 of 2025) [2026] KEELC 4434 (KLR) (13 July 2026) (Ruling)

Court

Environment and Land Court

Case number

Land Case Appeal E155 of 2025

Judge

["MN Kullow"]

The court held that although the judgment dismissing the suit was a negative order, the respondent had extracted an executable decree for taxed costs of Ksh 89,900, which made the matter capable of stay. However, the applicant failed to prove substantial loss and did not establish the respondent’s inability to refund the decretal sum if the appeal succeeded. The applicant also did not satisfy the security requirement. Since the mandatory conditions for stay were not met, the application failed.

Source excerpt

• Stay of execution
• Negative orders
• Monetary decree
• Substantial loss
• Security for due performance
• Costs execution

Onyancha v Kenya Pipeline Company (KPC) Ltd

Onyancha v Kenya Pipeline Company (KPC) Ltd (Employment and Labour Relations Petition E221 of 2025) [2026] KEELRC 1803 (KLR) (25 June 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Petition E221 of 2025

Judge

["JW Keli"]

The application satisfied the requirements for stay under Order 42 Rule 6: it was filed without unreasonable delay, the monetary decree exposed the applicant to substantial loss because the respondent did not prove ability to refund Kshs. 3,000,000, and a bank guarantee was accepted as sufficient security. Stay therefore issued pending appeal on condition that the bank guarantee be deposited in court within 30 days, failing which the stay would lapse.

Source excerpt

• Stay of execution pending appeal
• Substantial loss
• Security for due performance
• Monetary decree
• Whistleblower protection
• Declaratory orders

Nagaria & another v Savjani t/a Hardware and Homeware Suppliers

Nagaria & another v Savjani t/a Hardware and Homeware Suppliers (Civil Appeal E059 of 2026) [2026] KEHC 6402 (KLR) (13 May 2026) (Ruling)

Court

High Court

Case number

Civil Appeal E059 of 2026

Judge

["AK Ndung'u"]

The applicants met the threshold for stay because the application was filed timeously, the decree was monetary and involved a colossal amount, there was no evidence that the respondent could refund the decretal sum if the appeal succeeded, and the applicants expressed willingness to provide security. Balancing the right of the decree-holder with the right of appeal, stay was justified pending determination of the appeal.

Source excerpt

• Stay of execution pending appeal
• Substantial loss
• Security for due performance
• Delay in filing application
• Monetary decree

Henia & 4 others v Southshores Logistics Ltd & another

Henia & 4 others v Southshores Logistics Ltd & another (Civil Case 2 of 2023) [2026] KEHC 5953 (KLR) (Civ) (5 May 2026) (Ruling)

Court

High Court

Case number

Civil Case 2 of 2023

Judge

["KW Kiarie"]

The court held that although the applicant had not proved filing of a Notice of Appeal and had not proposed security, it exercised discretion to grant stay conditionally because the subject matter should be preserved pending appeal; however, given that the decree was monetary, security was mandatory, so the decretal amount had to be deposited in a joint interest-earning account within 45 days, failing which execution could proceed.

Source excerpt

• Stay of execution pending appeal
• Security for due performance
• Notice of appeal
• Monetary decree
• Substantial loss
• Jurisdiction

Kenya Concrete, Structural, Ceramic Tiles Woodply and Interior Design Workers Union v Kenya Builders and Concrete Co Ltd

Kenya Concrete, Structural, Ceramic Tiles Woodply and Interior Design Workers Union v Kenya Builders and Concrete Co Ltd (Cause E723 of 2022) [2026] KEELRC 9 (KLR) (14 January 2026) (Ruling)

Court

Employment and Labour Relations Court

Case number

Cause E723 of 2022

The court allowed a stay of execution pending appeal on condition that the full decretal sum be deposited in a joint interest-earning account within 60 days.

• Stay of execution
• Appeal
• Security for costs
• Monetary decree
• Stay-of-execution
• Pending-appeal

Orbit Products Africa Limited v Spot Trading Import Export SRL

Court

Court of Appeal

Case number

Civil Application E527 of 2025

Judge

["DK Musinga", "M Ngugi", "F Tuiyott"]

The Court of Appeal dismissed an application for stay of execution pending appeal, holding that although the appeal was arguable, the applicant failed the nugatory test.

• Stay of execution pending appeal
• Arguable appeal
• Nugatory aspect
• Judgment on admission
• Consent judgments
• Payment by instalments

Burger Chef Limited v Apa Insurance Limited

Court

Environment and Land Court

Case number

Land Case Appeal E076 of 2024

Judge

JA Mogeni

Ruling refusing a stay of execution pending appeal against a Business Premises Rent Tribunal rent determination, as the decree is monetary and no substantial loss was shown.

• Stay of execution pending appeal
• Business premises rent determination
• Substantial loss
• Nugatory appeal
• Monetary decree
• Security for due performance of decree