Kenya Case Law

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

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

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

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…

Source excerpt

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

Ndegwa v Amollo & 3 others

Ndegwa v Amollo & 3 others [2025] KEHC 10525 (KLR)

Court

High Court

Case number

Civil Appeal E865 of 2024

Judge

AC Mrima

The High Court granted a conditional stay of execution pending appeal, requiring deposit of half the decretal sums within 21 days. Proceedings in the related test-suit matters were not stayed.

• Stay Of Execution
• Appeals Process
• Security For Decree
• Substantial Loss
• Test Suit Liability
• Stay-of-execution

Wakf Commissioners of Kenya v Kabundu Holdings Limited

Wakf Commissioners of Kenya v Kabundu Holdings Limited [2025] KEELC 5344 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Case E034 of 2023

Judge

YM Angima

The court found that the defendant failed to demonstrate substantial loss as required under Order 42 Rule 6 of the Civil Procedure Rules. The defendant's claim of potential loss to tenants and delay in filing the application due to awaiting certified copies of the judgment were not credible or sufficient. The court noted that the defendant was not residing on the property but was collecting rent from tenants, which did not amount to substantial loss warranting a stay. Furthermore, the application was filed three months after judgment, and the explanation for the delay was unsatisfactory. The…

Source excerpt

• Stay Of Execution
• Security For Costs
• Substantial Loss
• Delay In Application
• Costs Award

Nakitare v Barasa

Nakitare v Barasa [2025] KEELC 5395 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Miscellaneous Application E009 of 2025

Judge

EC Cherono

The court granted leave to appeal out of time but refused stay of execution, finding the delay explained yet the underlying judgment was negative and not executable.

• Leave To Appeal Out Of Time
• Stay Of Execution
• Explanation Of Delay
• Substantial Loss
• Negative Judgment
• Exercise Of Discretion

King'ara v Spring Jill Park Limited & 2 others

King'ara v Spring Jill Park Limited & 2 others [2025] KEELC 5402 (KLR)

Court

Environment and Land Court

Case number

Enviromental and Land Originating Summons 225 of 2017

Judge

JG Kemei

The Environment and Land Court granted stay of execution pending appeal, finding no undue delay and likely substantial loss, but ordered Kshs. 500,000 security.

• Stay Of Execution
• Security For Costs
• Substantial Loss
• Appeal Preservation
• Possession Disputes
• Stay-of-execution

Munyoki v Mue & 4 others

Munyoki v Mue & 4 others [2025] KEELC 5385 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E058 of 2024

Judge

JA Mogeni

The Environment and Land Court granted a conditional stay of execution pending appeal, requiring the appellant to deposit KES 300,000 within 30 days.

• Stay Of Execution
• Substantial Loss
• Security For Costs
• Right Of Appeal
• Stay-of-execution
• Substantial-loss

Otieno v Owino

Otieno v Owino [2025] KEHC 10177 (KLR)

Court

High Court

Case number

Civil Appeal E1242 of 2024

Judge

LP Kassan

The High Court granted a stay of execution pending appeal, finding the application was timely and security had been deposited, though substantial loss was not specifically proved.

• Stay Of Execution
• Security For Costs
• Substantial Loss
• Appeal Rights
• Stay-of-execution
• Civil-appeal