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ELCDismissedSiaya CM.ELC 63/2019 (Appeal)

Ololo v Onyango (Environment and Land Appeal E007 of 2025) [2025] KEELC 8062 (KLR)

Environment and Land Court
20 November 2025
ADA. E. Dena
1,992 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Siaya court refused to pause enforcement of a land judgment because the appellant offered no real evidence he would suffer serious loss.

What this practically means

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Executive summary

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The appellant, William Ololo, moved the Environment and Land Court at Siaya by Notice of Motion dated 7/03/2025 under sections 1A, 1B and 3A of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules, seeking stay of execution of the judgment and decree of 26/02/2025 in Siaya CM.ELC 63/2019 pending appeal. He argued the application was brought without delay, that execution would strip him of his land and render the appeal nugatory, and that he would abide any conditions. The respondent opposed, contending the decree only affected the appellant's land and neighbouring title, and that no substantial loss or prejudice was demonstrated. The court distilled the three Order 42 Rule 6(2) requirements: substantial loss, no unreasonable delay, and security. Delay was conceded absent. On substantial loss, applying Mukuma v Abuoga, Butt v Rent Restriction Tribunal, Machira v East African Standard, Samvir Trustee v Guardian Bank and Kenya Shell v Kibiru, the court held that mere assertions of loss without particulars or evidence do not suffice. Reviewing the decree of 27/2/2025 - amendment of the register, establishment of the access road with beacons, permanent injunction and costs - the court found the record-based orders easily reversible and nothing would be rendered nugatory. The application was dismissed with costs to abide the outcome of the appeal. Judgment delivered virtually at Siaya on 20 November 2025 by Hon. A. E. Dena, Judge.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the orders sought in the application dated 7/03/2025 should be granted by this court

Key legal issues

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01

Whether the applicant satisfied the requirements for stay of execution under Order 42 Rule 6(2)

Holding

The application failed; substantial loss was not demonstrated and the decree's record-based orders would not render the appeal nugatory.

Reasoning

The three requirements are substantial loss, absence of unreasonable delay, and security. Delay was conceded absent, but the applicant gave no particulars or evidence of substantial loss beyond bare assertion. Orders amending the register and marking the access road are easily reversible; the permanent injunction was not shown to cause a state of affairs amounting to substantial loss.

p. 5

Legal principles established

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  • An applicant for stay of execution must prove substantial loss with specific details and particulars, not mere assertions
  • Orders that are easily reversible, such as amendment of records, do not render an appeal nugatory and do not justify stay

Court orders

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  1. 1.The Notice of Motion dated 7/03/2025 seeking stay of execution is dismissed
  2. 2.Costs shall abide the outcome of the appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

AD
majority

Wrote the judgment

On appeal from
Siaya Magistrates' Court (CM.ELC)
Siaya CM.ELC 63/2019
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules

Relief refused

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Stay of execution of judgment and decree issued on 26.02.2025 pending appeal

Applicant failed to demonstrate substantial loss; orders 1 and 2 of the decree are reversible and the injunction prong lacks evidence of irreparable harm

p. 4

Costs

Costs shall abide the outcome of the appeal

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Substantial loss is what has to be prevented by preserving the status quo because such loss would render the Appeal nugatory.
p. 3Definition of substantial loss (Mukuma v Abuoga)
the applicant has not supplied any details or particulars or led any evidence to demonstrate the substantial loss he will suffer if the application is not granted.
p. 5Failure of proof on substantial loss
The application dated 7/03/2025 lacks merit and is hereby dismissed. Costs shall abide the outcome of the appeal.
p. 5Disposition

Issues in the judgment

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minor

Decree dated 27/2/2025 stated to have been 'decreed by consent of the parties', which sits oddly with the respondent's account of contested judgment and which is not further explained

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, "Ololo v Onyango (Environment and Land Appeal E007 of 2025) [2025] KEELC 8062 (KLR)", Case Analysis (2025). Siaya CM.ELC 63/2019 (Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8062/eng@2025-11-20

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