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Land law [2026] KEELC 5299 (KLR)

Kariuki v Chief Land Registrar & 6 others

Kariuki v Chief Land Registrar & 6 others (Petition 30 of 2013) [2026] KEELC 5299 (KLR) (18 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Petition 30 of 2013
Judge
["MAO Odeny"]

The court held that the appeal had been dismissed for non-attendance, no stay of execution was in force, and the respondent had not shown any effective progress or order protecting it from execution. A pending reinstatement application in the Court of Appeal did not bar the applicant from enforcing the decree. The application for eviction therefore had merit and was allowed.

Source excerpt

  • Eviction after judgment
  • Execution of decree
  • Dismissal of appeal for non-attendance
  • Pending application for reinstatement
  • Status quo pending appeal
  • Contempt allegations
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Civil procedure [2026] KEHC 12978 (KLR)

Savla v Kachra & 2 others

Savla v Kachra & 2 others (Miscellaneous Application E195 of 1000) [2026] KEHC 12978 (KLR) (Commercial & Admiralty) (13 August 2026) (Ruling)

Court
High Court
Case number
Miscellaneous Application E195 of 1000
Judge
["PM Mulwa"]

The motion was meritorious because the court had already adopted the parties’ mediation settlement as a binding decree requiring transfer of OM Millers Limited without liabilities, the decree had been served, and the respondent had no lawful basis to continue delaying execution; under Section 38 of the Civil Procedure Act the court could compel execution and, on default, authorize the Deputy Registrar to sign the documents.

Source excerpt

  • Execution of decree
  • Mediation settlement agreement
  • Specific performance
  • Share transfer
  • Deputy registrar authority to sign documents
  • Abuse of process
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Civil procedure [2026] KEHC 12977 (KLR)

Afro Drip Limited v Racharky Construction Limited & another

Afro Drip Limited v Racharky Construction Limited & another (Commercial Appeal E007 of 2025) [2026] KEHC 12977 (KLR) (Commercial and Tax) (12 August 2026) (Judgment)

Court
High Court
Case number
Commercial Appeal E007 of 2025
Judge
["MN Mwangi"]

The appeal succeeded because the magistrate wrongly set aside a regular interlocutory judgment while a valid consent order, adopted by the court and never sought to be set aside, remained binding; the respondents did not credibly disprove service, did not file a draft defence, and advanced no lawful basis to disturb the consent or the judgment.

Source excerpt

  • Setting aside interlocutory judgment
  • Consent judgment/order
  • Regular versus irregular judgment
  • Service of summons
  • Functus officio
  • Exercise of judicial discretion
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Civil procedure [2026] KEELC 5213 (KLR)

Kihara v Gituma t/a Dona Snacks & 2 others

Kihara v Gituma t/a Dona Snacks & 2 others (Environment and Land Case 1190 of 2013) [2026] KEELC 5213 (KLR) (6 August 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case 1190 of 2013
Judge
["JG Kemei"]

The Applicant satisfied the statutory conditions for stay pending appeal: it raised a reasonable fear of substantial loss because the Respondent did not prove means to refund the decretal sum, the delay was explained by the taxation proceedings and was not inordinate, and the Applicant offered security. The Court therefore granted stay on strict security terms.

Source excerpt

  • Stay of execution pending appeal
  • Substantial loss
  • Delay in filing application
  • Security for due performance
  • Execution of decree
  • Taxation of costs
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Environment and land law [2026] KEELC 5062 (KLR)

Kiriny v Thuranira

Kiriny v Thuranira (Environment and Land Appeal E020 of 2025) [2026] KEELC 5062 (KLR) (31 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Appeal E020 of 2025
Judge
["JO Mboya"]

The court held that the statutory notice regime under Section 152E of the Land Act applies to ordinary eviction processes and does not bar enforcement of a lawful court decree. Since the respondent had failed to comply with the judgment ordering removal of the offensive gate, the applicant was entitled to police security to facilitate execution of the decree and realize the fruits of judgment.

Source excerpt

  • Execution of decree
  • Eviction from land
  • Police assistance/security for enforcement
  • Statutory notice under section 152e land act
  • Compliance with court orders
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Civil procedure [2026] KEHC 11971 (KLR)

Dubai Cash and Carry Limited v APA Insurance Limited

Dubai Cash and Carry Limited v APA Insurance Limited (Commercial Civil Suit 836 of 2010) [2026] KEHC 11971 (KLR) (Commercial and Tax) (31 July 2026) (Ruling)

Court
High Court
Case number
Commercial Civil Suit 836 of 2010
Judge
["FG Mugambi"]

The stay lapsed automatically because the respondent failed to furnish a valid and compliant bank guarantee within the 30-day period fixed by the court, and a replacement guarantee issued about 11 months later could not revive a self-executing order. Independently, the tendered security was unreliable because it made realization difficult for the beneficiary and tied expiry to a calendar date rather than the final determination of the appeal.

Source excerpt

  • Conditional stay of execution
  • Bank guarantee as security
  • Automatic lapse of court order
  • Compliance with order 42 rule 6(2)(c)
  • Execution of decree
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Civil procedure [2026] KEHC 12105 (KLR)

Ayan Automobiles Ltd v Muriithi

Ayan Automobiles Ltd v Muriithi (Civil Appeal E014 of 2024) [2026] KEHC 12105 (KLR) (30 July 2026) (Ruling)

Court
High Court
Case number
Civil Appeal E014 of 2024
Judge
["CM Kariuki"]

The appeal had already been dismissed, the conditional stay had expired, and no further stay or superior-court restraint existed; therefore the security deposit no longer served its purpose and had to be released to the successful litigant. Pending third-party proceedings in the subordinate court and the fact that HFC Bank was not a party did not bar consequential orders implementing the Court's own security order.

Source excerpt

  • Release of decretal sum
  • Security for stay of execution
  • Stay pending appeal
  • Fruits of judgment
  • Joinder of non-parties
  • Third-party proceedings
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Civil procedure [2026] KEELC 4958 (KLR)

Musyoka v Kung'u

Musyoka v Kung'u (Environment and Land Appeal E063 of 2024) [2026] KEELC 4958 (KLR) (30 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Appeal E063 of 2024
Judge
["NA Matheka"]

The contempt motion failed because there was no subsisting status quo order in force and the prior stay application had been dismissed; accordingly, the Respondent could not be held in contempt for executing the decree, and the application was unmerited.

Source excerpt

  • Status quo orders
  • Disobedience of court orders
  • Execution of decree
  • Stay pending appeal
  • Standard of proof in contempt proceedings
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Land law [2026] KEELC 5028 (KLR)

Brothers of St Gabriel Registered Trustrees v Moturi & another

Brothers of St Gabriel Registered Trustrees v Moturi & another (Environment and Land Case E032 of 2023) [2026] KEELC 5028 (KLR) (30 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case E032 of 2023
Judge
["MD Mwangi"]

The 2nd Defendant was bound by the clear and unambiguous consent judgment and could not impose a new condition that her performance depended on payment by the 1st Defendant. Because she defaulted on obligations to withdraw the caution, obtain consents, and execute transfer documents, the court was entitled under the consent itself and section 98 of the Civil Procedure Act to authorize the Deputy Registrar to execute the requisite instruments and compel registration of the transfer in the Plaintiff's name.

Source excerpt

  • Consent judgment
  • Execution of decree
  • Specific performance of land transfer obligations
  • Deputy registrar executing documents
  • Caution withdrawal
  • Land control board consent
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Land law [2026] KEELC 4873 (KLR)

Kamau & 4 others v Mutugi & another

Kamau & 4 others v Mutugi & another (Environment and Land Case 47 of 2018) [2026] KEELC 4873 (KLR) (29 July 2026) (Ruling)

Court
Environment and Land Court
Case number
Environment and Land Case 47 of 2018
Judge
["SM Kibunja"]

The court held that the parties had already settled the dispute by consent adopted as an order of court and reduced into a decree, so the prohibitory order issued on 2 November 2018 had to be vacated to enable execution. However, the restriction on Kiine/Nyangio/504 was not shown to have been issued by the court, but by a DCC letter, so its removal had to be pursued administratively rather than through this application. Costs were ordered to lie where they fell.

Source excerpt

  • Removal of restriction
  • Vacating prohibitory order
  • Consent judgment
  • Execution of decree
  • Costs
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About this LexChat collection

Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.