Kisele & another v Mumo (Environment & Land Miscellaneous Case E005 of 2023) [2025] KEELC 4936 (KLR)
The bottom line
#The High Court in Makueni refused to pause a money decree or court proceedings because the applicants waited five months and showed no harm they would suffer.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this court should stay the proceedings of the lower court
- 2.Whether the court should grant stay of execution pending appeal
Key legal issues
#Whether to stay proceedings in the lower court
Refused. Judgment had been delivered on 7th September, 2022 and no further substantive proceedings were expected; the contempt application may have been disposed of already, making any stay superfluous.
The court noted judgment had been delivered and only execution or contempt proceedings could remain. Since a ruling on contempt was scheduled and may already have been delivered, staying proceedings would serve no purpose.
Whether to grant stay of execution pending appeal
Refused. The application was filed almost five months after judgment without explanation, no copy of the judgment was annexed, and substantial loss was not demonstrated.
Delay of almost five months from the judgment of 7th September, 2022 was inordinate and unexplained. Without the impugned judgment the court could not identify orders capable of stay, and substantial loss was not established.
Legal principles established
#- An application for stay of execution must be made without inordinate and unexplained delay
- An applicant for stay of execution must demonstrate the substantial loss they will suffer if stay is not granted
- Execution proceedings can only be stayed through an application for stay of execution, not stay of proceedings
Court orders
#- 1.The Notice of Motion dated 28th February, 2023 is dismissed with costs to the Respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent jurisdiction to grant stay of proceedings and stay of execution pending appeal (application for stay pending Makueni Civil Appeal No. E056 of 2022)
Relief refused
#Stay of proceedings in Makueni MCCC No. E061 of 2021
Judgment had been delivered; the only proceedings referred to were contempt proceedings, which may already have been disposed of, so any stay would be in vain
Stay of execution of the decree issued on 2nd November, 2022
Inordinate and unexplained delay of almost five months from the judgment of 7th September, 2022; no copy of the judgment annexed; no demonstration of substantial loss
Costs
The application is dismissed with costs to the Respondent.
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.
I therefore find that this application is devoid of merit. The same is dismissed with costs to the Respondent. It is so ordered.
The delay which is inordinate is not explained.
the Applicants have not demonstrated what substantial loss they will sufier if stay of execution is not granted
Issues in the judgment
#Internal date inconsistency: the judgment states the application for stay of execution was made on 28th September, 2022, but the Notice of Motion is dated 28th February, 2023
Judgment states the decree was issued on 2nd November, 2022 yet stay of execution is said to have been sought five months from judgment date; and text says the application for contempt was filed in November, 2022 while earlier the Applicants state they were served on 9th December, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kisele & another v Mumo (Environment & Land Miscellaneous Case E005 of 2023) [2025] KEELC 4936 (KLR)", Case Analysis (2025). Not stated in the judgment text (interlocutory ruling on Notice of Motion dated 28th February, 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4936/eng@2025-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.