Anzetse & 6 others v Nechesa & 6 others (Environment and Land Appeal E089 & 92 of 2025 (Consolidated)) [2025] KEELC 8217 (KLR)
The bottom line
#Kenya's Environment and Land Court at Kakamega halted eviction proceedings, ruling families with homes on disputed land won't be evicted while their appeal is 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 applicants have met the threshold for grant of orders of stay of execution pending appeal
Key legal issues
#Whether the threshold for stay of execution under Order 42 Rule 6 was met
Yes - substantial loss and an arguable appeal were demonstrated; stay was granted.
The court noted it was not disputed that the appellants have permanent buildings on the suit property and that eviction would render them homeless and landless. The respondents did not show the appellants have other homes on their other titles or where their titles are located. The core dispute is the boundary between parcel Nos. 84 and 85, a triable question, so the appeal is arguable and execution would occasion substantial loss.
Legal principles established
#- To succeed in an application for stay pending appeal, an applicant must demonstrate substantial loss, that the application was made without unreasonable delay, and willingness to provide security for due performance of the decree.
Court orders
#- 1.Execution of the judgment delivered on 19th September 2025 in Mumias SPM ELC Case No. 165 of 2018 is stayed pending the hearing and determination of this appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Mumias Senior Principal Magistrate's Court
- Mumias SPMC L&E Case No. 165 of 2018
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)
- Consolidated with
- Kakamega ELC Appeal No. 92 of 2025
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.
I find and hold that the applications dated 3rd October 2025 and 14th October 2025 are both merited and are thus allowed.
I order that the execution of the judgment delivered on 19th September 2025, in Mumias SPM ELC Case No. 165 of 2018 is hereby stayed pending the hearing and determination of this appeal.
Therefore, I am satisfied that the appellants have demonstrated substantial loss and an arguable appeal.
Issues in the judgment
#The ruling refers inconsistently to the trial court case number as 'Mumias SPMC L&E Case No. 165 of 2018' and 'Mumias SPM ELC Case No. 165 of 2018'; the 6th appellant also refers to a separate suit 'Mumias SPMC ELC No. 44 of 2023' consolidated with No. 165 of 2018.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Anzetse & 6 others v Nechesa & 6 others (Environment and Land Appeal E089 & 92 of 2025 (Consolidated)) [2025] KEELC 8217 (KLR)", Case Analysis (2025). Kakamega ELC Appeal No. 89 of 2025 (consolidated with Kakamega ELC Appeal No. 92 of 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8217/eng@2025-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.