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Kenya Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Civil-procedure [2026] KEHC 13385 (KLR)

John Muthoga Gaithuma v George Simon Gikonyo

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.

  • Extension-of-time-to-appeal
  • Stay-of-execution
  • Stay-of-proceedings
  • Regular-default-judgment
  • Setting-aside-ex-parte-judgment
  • Substantial-loss
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Civil-procedure [2026] KEHC 13382 (KLR)

Peesam Limited v Procurement Regulatory Board & 3 others

The High Court dismissed a post-judgment motion for stay and injunction pending appeal, holding that the judgment was negative and no jurisdiction existed to grant the relief sought.

  • Stay-of-execution-pending-appeal
  • Injunction-pending-appeal
  • Negative-orders
  • Jurisdiction-of-the-high-court
  • Order-42-rule-6-civil-procedure-rules
  • Rule-5(2)(b)-court-of-appeal-rules
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Civil-procedure [2026] KEHC 5087 (KLR)

Kamuya v Ngina alias Eunice Nioka

Kamuya v Ngina alias Eunice Nioka (Civil Appeal E242 of 2024) [2026] KEHC 5087 (KLR) (9 April 2026) (Ruling)

The High Court at Machakos dismissed an application for stay of execution, finding no appeal had been filed against the judgment and that the ruling on review was a negative order.

  • Stay-of-execution
  • Appellate-jurisdiction
  • Review-applications
  • Money-decree
  • Civil-procedure
  • Negative-orders
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Civil-procedure [2026] KECA 696 (KLR)

Assets Recovery Agency v Mike Sonko Mbuvi Gideon Kioko

The Court of Appeal dismissed an application for stay against a judgment that had dismissed the suit, holding that a negative order cannot be stayed.

  • Stay-of-execution-pending-appeal
  • Negative-orders
  • Rule-5(2)(b)-court-of-appeal-rules
  • Pocamla-preservation-orders
  • Forfeiture-proceedings
  • Stay-of-execution
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Banking-and-finance [2026] KECA 705 (KLR)

Magnoy Communications Ltd v Absa Bank Kenya PLC & another

Court of Appeal dismissed an application for stay and injunction pending appeal over charged property, holding the impugned ruling was negative and the nugatory test was not met.

  • Rule-5(2)(b)-application
  • Notice-of-appeal-service
  • Negative-orders
  • Arguable-appeal
  • Nugatory-test
  • Charged-property
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Civil-procedure [2026] KECA 466 (KLR)

Phylis Nyaguthii Mwangi v John Mwangi Wambugu

The Court of Appeal dismissed an application for injunction pending appeal, finding the intended appeal arguable but not nugatory because the land had been subdivided and third parties were not joined.

  • Injunction-pending-appeal
  • Rule-5(2)(b)-threshold
  • Arguable-appeal
  • Nugatory-aspect
  • Matrimonial-property
  • Negative-orders
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Civil-procedure [2026] KECA 251 (KLR)

Nduati v Nduati

The Court of Appeal dismissed an application for stay of execution, holding the impugned judgment was a negative order and the Rule 5(2)(b) threshold was not met.

  • Stay-of-execution
  • Rule-5(2)(b)-test
  • Negative-orders
  • Arguable-appeal
  • Nugatory-effect
  • Costs
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Civil-procedure [2026] KECA 85 (KLR)

Ushago Diani Investment Limited v Jabeen Manan Abdulwahab

The Court of Appeal dismissed an application for stay and injunction pending appeal, holding the ELC ruling was a negative order and the intended appeal was not arguable.

  • Stay-of-execution
  • Injunction-pending-appeal
  • Negative-orders
  • Res-judicata
  • Functus-officio
  • Rule-5(2)(b)-court-of-appeal-rules
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Environment-and-land-law [2025] KEELC 18636 (KLR)

Prof Francis K Gatheri, Angela Gakii, Abraham Tumuti, Dr Rachel Wanjiru Kamau, Samuel Kibe, Prof J N Ngeranwa, Marshal Kiganjo, Catherine Chege and Timothy Njuguna (Suing on behalf of Ku Boma Residents Association Mirimani Location) & 5 others v Spiffy Edges Enterprises Limited & 3 others

The court dismissed a stay application over a negative Liaison Committee order, but allowed consolidation with Thika ELC Appeal E061 of 2025.

  • Stay-of-execution-pending-appeal
  • Negative-orders
  • Substantial-loss
  • Security-for-costs
  • Consolidation-of-appeals
  • Liaison-committee-determinations
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Constitutional-law [2025] KECA 2098 (KLR)

Githii & another v County Government of Nyeri

The Court of Appeal declined a stay and temporary injunction over Nyeri’s alcohol control law, finding no arguable appeal and noting the High Court order was negative.

  • Stay-pending-appeal
  • Temporary-injunction
  • Negative-orders
  • Arguable-appeal
  • Nugatory-test
  • Res-judicata
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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.