Ongamoo v Obayo (Environment and Land Miscellaneous Case E005 of 2025) [2025] KEELC 6504 (KLR)
The bottom line
#The Environment and Land Court in Kakamega refused to stop execution of a judgment because the applicant had no appeal and showed no substantial loss.
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 court should grant leave to file appeal out of time against the ruling delivered on 22nd August 2024 in Kakamega CMC ELC No. 20 of 2020
- 2.Whether an order of stay of execution should issue to stay the orders, decree and consequential orders arising from the ruling of 22nd August 2024
Key legal issues
#Whether stay of execution can issue where no appeal is pending or intended
Stay cannot issue merely because a party is aggrieved; there must be an appeal, intended appeal, or justifiable lawful excuse, and substantial loss must be shown
The court held that the applicant sought to stay lawful orders of the lower court without challenging them in any competent forum or showing intention to do so. Halting execution without lawful justification would deny the successful party access to justice under Article 48 and render the order a mere paper order. Being aggrieved alone is insufficient.
Whether extension of time to file appeal out of time should be granted
The prayer was spent, as it was sought only pending hearing of the application, and the application was dismissed as meritless
The court observed that the prayer for extension of time was interim in nature, sought pending hearing and determination of the application itself. Having found no basis for stay, the court dismissed the entire application, leaving the applicant without leave to appeal out of time.
Legal principles established
#- Execution is a lawful process and should not be halted without an appeal or intended appeal or a justifiable lawful excuse
- Mere fact that execution has been put in motion does not amount to substantial loss; the applicant must establish other factors showing irreparable harm
Court orders
#- 1.The Notice of Motion dated 18th February 2025 is dismissed
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Chief Magistrate's Court, Kakamega
- Kakamega CMC ELC No. 20 of 2020
- Jurisdiction invoked
- Inherent jurisdiction to extend time and Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)
Relief refused
#Certification of the application as urgent and allocation of an early inter-partes hearing date
Spent/interlocutory; the application was ultimately dismissed
Leave to file appeal out of time against the ruling of 22nd August 2024
The prayer became spent as it was sought pending hearing of the application, and the court found no merit in the application
Stay of execution of the orders, decree and consequential orders arising from the ruling of 22nd August 2024
The applicant sought stay of valid court orders without an appeal or intended appeal, and did not establish substantial loss
Costs
Dismissed with no order as to costs
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.
In the premises, I find no merit in the application dated 18th February 2025, which I hereby dismiss with no order as to costs.
Unless there is an appeal or intended appeal, or a justifiable lawful excuse, in my view there would be no basis for grant of stay
Execution is a legal process which should not be unjustifiably or injudiciously halted.
the issue of substantial loss is the cornerstone of both jurisdictions. Substantial loss is what has to be prevented by preserving the status quo
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ongamoo v Obayo (Environment and Land Miscellaneous Case E005 of 2025) [2025] KEELC 6504 (KLR)", Case Analysis (2025). Kakamega CMC ELC Appeal (arising from Kakamega CMC ELC No. 20 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6504/eng@2025-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.