Shibwabo v Robert (Sued as the Administrator and Legal Representative Of The Estate Of Rehema Musitoke Ali - Deceased) (Environment and Land Appeal 068 of 2025) [2025] KEELC 7777 (KLR)
The bottom line
#The Environment and Land Court in Kakamega halted an eviction because the property owner was ordered out without ever being heard.
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 appellant has met the threshold for grant of orders of stay of execution pending appeal
Key legal issues
#Whether the threshold for stay of execution pending appeal under Order 42 Rule 6 was met
Yes - substantial loss, no unreasonable delay, and an arguable appeal were demonstrated; eviction of the appellant from her only home without a hearing constituted substantial loss.
The trial court heard the 30/07/2025 application and issued eviction orders the same day without ordering service on the appellant, denying her a hearing. She raised an arguable appeal on that basis and deponed she would be rendered homeless with her children. The court was satisfied that substantial loss would follow if stay was not granted.
Legal principles established
#- Substantial loss is the corner stone of the jurisdiction to grant stay pending appeal.
- An applicant for stay pending appeal must demonstrate substantial loss, that the application was made without unreasonable delay, and willingness to provide security.
Court orders
#- 1.An order of stay of execution issued staying execution of the orders issued on 30th July 2025 in Kakamega CM L&E No. 494 of 2018 (OS) pending the hearing and determination of the appeal
- 2.Costs of the application to be borne by the respondent
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. 494 of 2018 (OS)
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules; section 18 of the Civil Procedure Act referred in submissions
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.
An order of stay of execution is hereby issued staying execution of the orders issued on 30th July 2025 in Kakamega CM L&E No. 494 of 2018 (OS) pending the hearing and determination of this appeal.
substantial loss is the corner stone of the jurisdiction to grant stay pending appeal
the appellant has an arguable appeal, because she has raised the issue of being ordered evicted without being accorded an opportunity of being heard
Issues in the judgment
#The judgment refers to Kakamega ELC Miscellaneous Application No. 52 of 2018 in one passage and Kakamega ELC Case No. Misc Appl. No. E052 of 2025 in another - inconsistent numbering of the same transfer application.
The respondent is described inconsistently with respect to gender pronouns ("he"/"him" in the replying affidavit summary while the dispute concerns eviction of the appellant).
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shibwabo v Robert (Sued as the Administrator and Legal Representative Of The Estate Of Rehema Musitoke Ali - Deceased) (Environment and Land Appeal 068 of 2025) [2025] KEELC 7777 (KLR)", Case Analysis (2025). Notice of motion dated 4th August 2025 arising from appeal against orders in Kakamega CMC ELC No. 494 of 2018 (OS). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7777/eng@2025-11-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.