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The Tribunal dismissed an application to stay or set aside warrants of attachment, holding that the consent judgment remained enforceable despite the later interest clause.
The High Court granted leave to appeal out of time after a three-day delay, but dismissed the request for stay of execution and stay of proceedings.
The High Court dismissed an application to replace Kshs. 7 million cash security with a title deed, holding that the motion could not vary the consent order and lacked proof of the property’s value.
The High Court granted leave to appeal out of time and stayed execution, finding a brief, explained delay, an arguable issue on the right to be heard, and substantial loss.
Ouma v Dave (Environment and Land Appeal E106 of 2025) [2026] KEELC 5371 (KLR) (31 August 2026) (Ruling)
The court dismissed an application for stay of execution, holding the impugned ruling was a negative order incapable of execution and that substantial loss was not shown.
Otieno v Nyakongo (Enviromental and Land Originating Summons E023 of 2026) [2026] KEELC 5365 (KLR) (31 August 2026) (Ruling)
The court dismissed an injunction and stay application as a collateral attempt to halt execution of an existing eviction decree, and awarded costs to the respondent.
The Tribunal set aside a dismissal for non-attendance after finding the failure to appear was caused by CTS system downtime beyond the Applicant’s control.
The Tribunal set aside the dismissal of a motion after accepting that non-attendance was caused by a CTS system failure, and reinstated the application with no costs.
The Tribunal reinstated the claimant’s motion after accepting that a CTS system malfunction caused non-attendance, and set aside the dismissal with no costs.
Ogola v Otieno & another (Civil Case 122 of 2020) [2026] KEMC 779 (KLR) (27 August 2026) (Ruling)
The defendants failed to file a response or attend the taxation, leaving the bill uncontested. The court therefore assessed the bill on the basis of the decretal sum of Ksh 186,000 and taxed the items as stated, including instruction fees of Ksh 40,000, resulting in a total taxed bill of Ksh 155,555.
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