Mavoko Muundani Residents Association & 5 others v East Africa Portland Cement Plc & 5 others
The bottom line
#The Court of Appeal refused to stop evictions pending an appeal because the applicants never showed a real, specific error by the lower court judge.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants demonstrated an arguable intended appeal
The application failed because the applicants asserted arguability only in general terms without tying any ground to the impugned decision.
The court restated the twin requirements under rule 5(2)(b): an arguable appeal and the nugatory- dimension, both of which must be satisfied. An arguable appeal need not succeed but must be bona fide. The applicants' affidavit merely stated the appeal was arguable; the motion's grounds described the underlying dispute but did not fault the Judge's exercise of discretion. Since the decision below was discretionary, the applicants had to show error within the recognised grounds for interfering with discretion, which they did not.
Whether the nugatory- limb needed consideration
Having failed on arguability, the court did not interrogate the second condition.
Because both conditions under rule 5(2)(b) must be satisfied, failure on the first disposes of the application without considering whether the appeal would be rendered nugatory.
Legal principles established
#- An applicant under rule 5(2)(b) must satisfy both the arguability and the nugatory- limbs; a single bona fide arguable ground suffices, and the ground must be referenced to the decision appealed against, not merely asserted.
- An appellate court interferes with a discretionary decision only on the established grounds of misdirection in law, misapprehension of facts, consideration of irrelevant or disregard of relevant matters, or a plainly wrong decision.
Court orders
#- 1.The notice of motion dated 12th March 2025 is dismissed
- 2.Costs of the application awarded to the 1st, 4th, 5th and 6th respondents
- On appeal from
- Environment and Land Court at Machakos
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mavoko Muundani Residents Association & 5 others v East Africa Portland Cement Plc & 5 others", Case Analysis (2025). Not stated in the judgment (notice of motion dated 12th March 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1459/eng@2025-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.