Milestone Games Limited v Consumer Federation of Kenya & 7 others (Civil Application E717 of 2024) [2025] KECA 453 (KLR)
The bottom line
#Kenya's Court of Appeal paused a High Court betting-advertising case so Milestone Games can appeal its exclusion, confirming stays are granted only in exceptional situations.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant's intended appeal is arguable
- 2.Whether, if stay of the High Court proceedings is not granted, the intended appeal will be rendered nugatory
Key legal issues
#Test for granting stay of proceedings pending appeal
The Court applied the twin test of an arguable appeal and nugatory impact, and emphasised that stay of proceedings is exceptional.
The Court, at the interlocutory stage, confined itself to whether the intended appeal was arguable on even one point and whether refusal of stay would render it nugatory, citing Stanley Kang'ethe Kinyanjui v Tony Keter. It also invoked Kenya Wildlife Service v James Mutembei for the proposition that staying proceedings is a serious, exceptional measure touching fair hearing and expeditious disposal rights. On the draft memorandum of appeal and the applicant's admitted position in the regulated industry, both limbs were satisfied.
Arguability of the intended appeal on the right to be heard before orders affecting the applicant
The intended appeal was not frivolous; it raised arguable issues on the applicant's identifiable legal stake and right to a hearing.
The Court noted the grounds in the draft memorandum of appeal, the admission that the applicant is one of about 100 gaming operators to whom the 11th August 2023 letter was addressed, and that the applicant uses speed dial on its browsers. It also weighed the risk to over 126 jobs, sporting contracts and clients, concluding the appeal would be rendered nugatory without the stay.
Legal principles established
#- An applicant for stay of proceedings must demonstrate that the appeal is arguable, even on one point only, and that the appeal will be rendered nugatory if stay is not granted.
- Stay of proceedings is granted only in exceptional instances, upon sufficient cause, and not where the applicant merely seeks to delay or obstruct justice.
- Staying proceedings impacts a litigant's right to a fair hearing and to expeditious disposal of the matter.
Court orders
#- 1.Stay of proceedings in High Court Petition No. E307 of 2023 in the Constitutional and Human Rights Division at Milimani until the appeal has been heard and determined
- 2.The intended appeal to be fixed for hearing on a basis of priority as an interlocutory appeal
- 3.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nairobi, Constitutional and Human Rights Division
- Petition No. E307 of 2023
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal over an interlocutory ruling of the High Court, with a stay-of-proceedings application under the Court's rules pending the intended appeal
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is only in exceptional instances that this Court will stay proceedings going on in the trial court. There has to be suficient cause, and it should be clear that the applicant does not merely want to delay or obstruct justice.
We do not find that the applicant’s intended appeal is a frivolous one. It is arguable.
These are the reasons why we allow the application, and stay the proceedings in the High Court Petition No. E307 of 2023 in the Constitutional and Human Rights Division at Milimani until the appeal has been heard and determined.
We make no order as to costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Milestone Games Limited v Consumer Federation of Kenya & 7 others (Civil Application E717 of 2024) [2025] KECA 453 (KLR)", Case Analysis (2025). Application dated 19th December 2024 (Civil Application, intended appeal from High Court Petition No. E307 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/453/eng@2025-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.