Kiptoo & another v Kiptoo (Environment and Land Miscellaneous Case E022 of 2025) [2025] KEELC 6134 (KLR)
The bottom line
#A Kenyan court dismissed a stay application because the applicant failed to deposit required security in time, meaning lapsed stay orders automatically end the whole application.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application for stay of execution and leave to appeal out of time survived the lapse of the interim stay orders issued on 18th June 2025 upon non-compliance with the security deposit condition
- 2.What orders, if any, should issue on an application whose interim orders have lapsed and in respect of which execution has already been undertaken
Key legal issues
#Effect of non-compliance with conditions attached to stay orders
Failure to deposit the ordered security within the stipulated time caused the stay orders to lapse, which terminated the application
On 18th June 2025 the court ordered the applicant to deposit security of Kshs 50,000/= with the court within 7 days, failing which the orders would lapse. Counsel confirmed the condition was not met and that execution had already proceeded. Relying on Order 50 of the Civil Procedure Rules 2010 and Butt v Rent Restriction Tribunal, the court held that upon lapse of stay orders no further orders are necessary and dismissed the application.
Delay of justice under Article 159(2)(b)
A matter that cannot be prolonged should not be kept pending, as justice shall not be delayed
The court invoked the constitutional principle of expeditious disposal of justice to justify closing the matter rather than allowing an application whose interim orders had lapsed to remain on the record.
Legal principles established
#- Upon lapse of stay orders, no further orders of the court would be necessary
- Failure to comply with a condition precedent attached to interim stay orders (deposit of security) causes the orders to lapse and terminates the application
Court orders
#- 1.The application dated 16th June 2025 is dismissed
- 2.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent jurisdiction and civil procedure rules governing stay of execution and extension of time (not expressly cited beyond Order 50 of the Civil Procedure Rules 2010)
Relief refused
#Stay of execution of the judgment delivered on 18th January 2024, the decree and consequential orders
The interim stay orders lapsed for failure to deposit security of Kshs 50,000/= within 7 days, terminating the application, and execution had already been undertaken
Leave to appeal out of time
The application did not survive the lapse of the interim orders
Costs
No orders as to costs, given absence of evidence of service of the application
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.
It is crystal clear that the orders as stated in paragraph 2 hereinabove, lapsed and terminated the application.
It is trite law that upon lapse of stay orders, no further orders of the court would be necessary; see Butt v Rent Restriction Tribunal (1979) KECA 22 (KLR)
So, this matter cannot be prolonged as Article 159 (2) (b) of the Constitution of Kenya 2010 reads; justice shall not be delayed
Accordingly, the application is hereby dismissed.
Given there is no evidence of service of the application and the obtaining circumstances herein, I make no orders as to costs.
Issues in the judgment
#The judgment does not state the case number, court station, or the names of the parties or the respondent
Counsel for the applicant stated the application was served, but the court found no evidence of service when dealing with costs
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiptoo & another v Kiptoo (Environment and Land Miscellaneous Case E022 of 2025) [2025] KEELC 6134 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6134/eng@2025-09-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.