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ELCPartially AllowedNot stated in the excerpt (application dated 22/7/2025 within a dismissed appeal, judgment of 9/5/2025)· [2025] KEELC 5635 (KLR)

Mwangi v Raimbir (Environment and Land Appeal E013 of 2023) [2025] KEELC 5635 (KLR)

Environment and Land Court
30 July 2025
BEB M Eboso
245 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed you cannot get a stay of execution of a judgment that simply dismissed your appeal — there is nothing to stay.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Meru, delivered by B M Eboso J on 30 July 2025, determined an application dated 22 July 2025 filed by the appellant (applicant) in an appeal whose judgment, rendered on 9 May 2025, had dismissed the appeal for lack of merit. The application sought two prayers: leave to effect a post-judgment change of advocates, and a stay of execution of the judgment of 9 May 2025. The change of advocates was unopposed and was accordingly granted. On stay of execution, the court held that the judgment sought to be stayed was a negative order - a dismissal - and that there was nothing capable of being stayed in a negative order. Relying on established jurisprudence, including the Western College case, the court applied the principle that a negative order does not attract an order of stay of execution. The application was therefore disposed of in mixed terms: the plea for post-judgment change of advocates was granted; the plea for stay of execution was rejected and dismissed; and the applicant was ordered to bear the costs of the application. Counsel present were Mr. Kimathi for the applicant and Mr. Muthamia for the respondent, with court assistant Tupet.

Key legal issues

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01

Whether a stay of execution can issue in respect of a judgment dismissing an appeal

Holding

No; only positive orders/decrees are capable of being stayed, and a negative order leaves nothing to stay

Reasoning

The court reasoned that the judgment of 9/5/2025 dismissed the appeal for lack of merit, so the order/decree the applicant sought to stay was negative. Because a negative order imposes no obligation capable of enforcement, there is nothing to stay, and established jurisprudence (represented by the Western College case) holds that such orders do not attract stay of execution.

p. 1

Legal principles established

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  • A negative order (a judgment dismissing a suit or appeal) does not attract an order of stay of execution

Court orders

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  1. 1.The plea for post-judgment change of advocates is granted
  2. 2.The plea for an order of stay of execution of the judgment rendered on 9/5/2025 is rejected and dismissed on the ground that what is in the said judgment is a negative order
  3. 3.The applicant shall bear costs of the application

Authorities

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Cases cited (1)

  • Western College
Jurisdiction invoked
Not expressly stated; the court was seised of an application within an appeal before it

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, "Mwangi v Raimbir (Environment and Land Appeal E013 of 2023) [2025] KEELC 5635 (KLR)", Case Analysis (2025). Not stated in the excerpt (application dated 22/7/2025 within a dismissed appeal, judgment of 9/5/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5635/eng@2025-07-30

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