Ndirangu & 7 others v County Government of Nyeri (Civil Application E093 of 2025) [2025] KECA 2145 (KLR)

The respondent objected that a negative order cannot be stayed. The Court, without resolving whether conservatory orders lie under rule 5(2)(b), examined the High Court judgment and noted that the Judge had issued directions on how relocation would take place. That gave the respondent actions to take in compliance with the judgment, so the result was not negative, and the Court proceeded to consider whether stay was available.

The Court examined the draft memorandum of appeal annexed to the motion. The grounds centred on the interpretation and enforcement of constitutional rights allegedly violated by the relocation directive. Applying the low threshold for arguability, under which a single point worthy of consideration suffices, the Court found the intended appeal arguable. This satisfied the first limb of the rule 5(2)(b) test.

Applying the nugatory principles in Stanley Kangethe Kinyanjui vs. Tony Ketter, the Court weighed reversibility and compensability. Relocation to the new terminus is reversible; the applicants would still have access to the old station should the appeal succeed, and any loss would be quantifiable and assessable for compensation by damages. The Court also considered context: the majority of transporters had not challenged the judgment, and allowing the applicants alone to remain would result in disarray.