Kenya Case Law

Njoroge (Suing as the Personal Representative of the Estate of Angelo Kanyuanjohi Macharia) v Land Registrar, Murang’a Lands Office & 2 others

Njoroge (Suing as the Personal Representative of the Estate of Angelo Kanyuanjohi Macharia) v Land Registrar, Murang’a Lands Office & 2 others [2025] KEELC 5433 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case 47 of 2017

Judge

MN Gicheru

The court found that the application was competent as there was credible and uncontroverted evidence that motor vehicle KCR 880 U was not part of the estate of Angelo Kanyua Njohi Macharia, but jointly owned by the applicant and a third-party financier. The defendants failed to address the critical issue of ownership. Applying the principles for injunction, the court held that the applicant had established a prima facie case, as the vehicle's ownership was not in dispute and its sale would prejudice third-party interests. The balance of convenience favored granting the injunction, as the defe…

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• Injunctions
• Attachment Of Property
• Ownership Disputes
• Stay Of Execution

Njoroge v Muinami & another

Njoroge v Muinami & another [2025] KEELC 5442 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E042 of 2024

Judge

MN Gicheru

The Environment and Land Court granted a stay of execution pending appeal after the respondent said she intended to dissolve the trust, which could render the appeal nugatory.

• Stay Of Execution
• Trusts In Land
• Review Of Judgment
• Family Land Disputes
• Stay-of-execution
• Land-trusts

Joseph & another v Kimani

Joseph & another v Kimani [2025] KEHC 10284 (KLR)

Court

High Court

Case number

Civil Appeal E376 of 2023

Judge

H Namisi

The court found that the appellants satisfied the conjunctive requirements for stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules. The application was filed without unreasonable delay, and the appellants demonstrated a risk of substantial loss as the respondent did not rebut the assertion that she would be unable to refund the decretal sum if the appeal succeeded. The appellants expressed willingness to provide security by way of a bank guarantee. The court exercised its discretion to grant stay of execution, conditional upon the appellants furnishing a bank g…

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• Stay Of Execution
• Security For Decretal Sum
• Substantial Loss
• Appeal Procedure

RPB v SPK

RPB v SPK [2025] KEHC 10456 (KLR)

Court

High Court

Case number

Civil Appeal E095 of 2024

Judge

PM Nyaundi

The High Court granted a conditional stay of execution pending appeal, requiring the applicant to deposit KES 2,610,000 as security and to prosecute the appeal.

• Alimony Orders
• Stay Of Execution
• Maintenance Pending Appeal
• Security For Decree
• Stay-of-execution
• Maintenance-orders

Chege & another (Suing as the Personal Representative of Paul Ngigi Mungai) v Kimani & 2 others (Suing as Representatives of Hallelluyah Gospel Church Karuri)

Chege & another (Suing as the Personal Representative of Paul Ngigi Mungai) v Kimani & 2 others (Suing as Representatives of Hallelluyah Gospel Church Karuri) [2025] KECA 1327 (KLR)

Court

Court of Appeal

Case number

Civil Application E401 of 2024

Judge

F Tuiyott

The court found that the delay in lodging the notice of appeal was occasioned by a mistake of counsel, specifically the failure to pay for the notice despite timely uploading on the e-filing portal. The applicants demonstrated diligence by following up on the status of their appeal and promptly rectifying the omission. The delay of approximately one month was not considered inordinate, and the application for extension of time was brought without undue delay. The respondent failed to show any prejudice that would result from granting the extension. The court exercised its discretion under Rul…

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• Extension Of Time
• Mistake Of Counsel
• Notice Of Appeal
• Stay Of Execution
• Change Of Advocates

Canon Aluminium Fabricators Limited v Mulwa

Canon Aluminium Fabricators Limited v Mulwa [2025] KEELRC 2160 (KLR)

Court

Employment and Labour Relations Court

Case number

Employment and Labour Relations Appeal E080 of 2025

Judge

JW Keli

The court granted a stay of execution pending appeal, on condition that the applicant deposits the full judgment sum in court within 30 days.

• Stay Of Execution
• Monetary Decree
• Security For Due Performance
• Substantial Loss
• Appeal Procedure
• Stay-of-execution

Mwinyikai v Elephant Oils Limited & 5 others

Mwinyikai v Elephant Oils Limited & 5 others [2025] KECA 1301 (KLR)

Court

Court of Appeal

Case number

Civil Application E028 of 2024

Judges

AK Murgor, KI Laibuta, GWN Macharia

The Court of Appeal held that the impugned ruling of the trial court was a negative order, as it merely dismissed the applicant's applications without requiring any party to do or refrain from doing anything. As such, there was nothing to stay, and the Court lacked jurisdiction to grant the orders sought. The Court further noted that the application was brought under the wrong procedural provisions and that the applicant had already been discharged from the proceedings in the trial court. Consequently, the application for stay of execution was devoid of merit and was dismissed with costs to t…

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• Stay Of Execution
• Consent Orders
• Review Of Judgments
• Fraudulent Title
• Locus Standi

Muhoro v Ndiema & another

Muhoro v Ndiema & another [2025] KEHC 10377 (KLR)

Court

High Court

Case number

Civil Appeal E046 of 2024

Judge

M Thande

The High Court at Malindi dismissed an application for stay of execution pending appeal after finding the appellant had disobeyed a prior deposit order.

• Stay Of Execution
• Substantial Loss
• Security For Due Performance
• Court Discretion
• Compliance With Court Orders
• Stay-of-execution

Cytonn Investments Management Plc v Njuguna

Cytonn Investments Management Plc v Njuguna [2025] KECA 1317 (KLR)

Court

Court of Appeal

Case number

Civil Application E363 of 2024

Judges

M Ngugi, P Nyamweya, WK Korir

The Court of Appeal held that the applicant failed to demonstrate any exceptional circumstances or grave injustice that would warrant the grant of leave to appeal from a High Court decision under section 35 of the Arbitration Act. The court found that the grounds raised by the applicant, including alleged errors in computation of time, failure to consider objections under section 37, and claims of denial of fair hearing, did not meet the strict threshold established by the Supreme Court in the Nyutu Agrovet and Synergy cases. The appellate jurisdiction in such matters is circumscribed and onl…

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• Arbitration Awards
• Setting Aside Award
• Leave To Appeal
• Stay Of Execution
• Public Policy Challenge

Onsongo & another v Wahome t/a Precious Care Medical Centre

Onsongo & another v Wahome t/a Precious Care Medical Centre [2025] KEHC 10282 (KLR)

Court

High Court

Case number

Civil Appeal 4 of 2024

Judge

H Namisi

The court found that the application for stay of execution was filed timeously, shortly after the judgment of the lower court. While the appellants asserted that they would suffer substantial loss if stay was not granted, they did not provide evidence of such loss or address the issue of security for due performance. The court, however, recognised its discretion to impose conditions for stay, including the requirement for security. Applying the principles under Order 42 rule 6 of the Civil Procedure Rules and relevant case law, the court held that the interests of both parties must be balance…

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• Stay Of Execution
• Security For Due Performance
• Substantial Loss
• Discretion Of Court