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Court of AppealDismissedCOACA NO. 163/2021· [2026] KECA 905 (KLR)

Boniface Munyinyi Mukuriah v Amos M Otara & 4 others

Court of Appeal
15 May 2026
JMJ. MativoMKMurungi B. KairariaAIAhmed Issack
1,072 words in judgment
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The bottom line

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The Court of Appeal refused to pause the orders cancelling a Nakuru land title because the buyer could be refunded if the appeal later succeeds.

What this practically means

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Executive summary

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By a Notice of Motion dated 5th December 2025 under Rule 5(2)(b) of the Court of Appeal Rules 2022, Boniface Munyi Mukuriah sought a stay of execution of the judgment of Hon. Dr MA Odeny delivered on 2nd July 2025 in Nakuru ELC E031 of 2022. The trial court had held that Nakuru/Municipality Block 20/112 was public land reserved for the Ministry of Livestock and Fisheries Development, ordered cancellation of the 1st respondent's registration and its reversion to the Ministry, and awarded the 1st respondent a refund of the purchase price of Ksh 17,144,091.10 plus costs against the applicant, who had sold and transferred the property. The applicant lodged a notice of appeal and an intended appeal, contending that the trial judge erred in finding his title unlawfully acquired and in failing to treat him as an innocent purchaser for value. The 1st respondent opposed, arguing the appeal was not arguable, that the land reversion had already been executed, and that the money decree could be refunded if the appeal succeeded. The Court (Mativo, Kairaria and Ahmed Issack, JJA) applied the settled two-limb test for stay: arguability and nugatory-ness, both of which must be satisfied. It accepted that whether the applicant's title was illegally, unlawfully or through a corrupt scheme acquired was arguable, satisfying the first limb. However, it was not persuaded the appeal would be rendered nugatory: the reverted title can be retransferred if the appeal succeeds, and the applicant failed to demonstrate the 1st respondent's inability to refund the decretal amount. The application was therefore dismissed with costs to the 1st respondent.

Key legal issues

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01

Whether the intended appeal was arguable

Holding

The Court found one ground arguable, satisfying the first limb.

Reasoning

The Court examined the grounds of appeal and accepted that the challenge to the finding that the applicant acquired title illegally, unlawfully or through a corrupt scheme was a bona fide issue fit for the full appeal. Arguability is a low threshold satisfied by a single arguable ground, and the Court expressly stated the applicant had satisfied the first limb of the test for stay.

p. 3
02

Whether the appeal would be rendered nugatory absent a stay

Holding

The Court held it would not, so the application failed.

Reasoning

The Court reasoned that the land reverts to the relevant ministry and can be retransferred should the appeal succeed, so no irreversible harm arises on that limb. As to the money decree for the refund of the purchase price, the applicant neither alleged nor demonstrated that the 1st respondent would be unable to refund the decretal amount. Since both limbs must be satisfied, the application failed and was dismissed with costs.

p. 3

Legal principles established

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  • An applicant for stay under Rule 5(2)(b) must satisfy both the arguability and the nugatory limbs; failure on either limb defeats the application.

Court orders

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  1. 1.Dismissal of the Notice of Motion dated 5th December, 2025
  2. 2.Costs of the application awarded to the 1st respondent
On appeal from
Environment and Land Court
Nakuru ELC E031 of 2022
Jurisdiction invoked
Rule 5(2)(b) of the Court of Appeal Rules, 2022

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Boniface Munyinyi Mukuriah v Amos M Otara & 4 others", Case Analysis (2026). COACA NO. 163/2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/905/eng@2026-05-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.