Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedMCELC/64/2018 ( Appeal arising from Thika Chief Magistrates Court)

Oduori & another v Gichira & another (Environment and Land Appeal E065 of 2025) [2025] KEELC 8410 (KLR)

Environment and Land Court
2 December 2025
2,705 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

#

Kenya's Environment and Land Court in Thika halted a land case on appeal, ruling that parties cannot lose their day in court through a lawyer's mistake.

What this practically means

#

Executive summary

#
The Appellants, acting through Fredrick Ogamba Ramogi who holds a general Power of Attorney, moved the Environment and Land Court at Thika by Notice of Motion dated 19/06/2025 seeking a stay of proceedings before the Thika Chief Magistrates Court in MCELC/64/2018 pending the hearing and determination of their appeal. The appeal challenges the trial court's Ruling of 15/05/2025, which dismissed their application for review and upheld the closure of their case without them being heard, proceeding instead with the 1st Respondent's Counter-Claim. The Appellants attributed their non-attendance to an inadvertent mistake of counsel, and explained the delay in filing the appeal by the lower court file being untraceable for over 30 days. The 1st Respondent opposed the application as an abuse of process, alleging the Appellants were habitually indolent in prosecuting their own suit filed in 2018. The Court framed three issues: whether there was a competent appeal, whether the threshold for stay of proceedings was met, and costs. It found the Memorandum of Appeal filed on 13/06/2025, one month and four days after the Ruling, was filed without undue delay, so a competent appeal existed. Applying Global Tours & Travel and Kenya Wildlife Service v Mutembei, it held that stay of proceedings is a grave discretionary remedy to be exercised sparingly, but found the appeal arguable, touching the right to be heard under Article 50, and brought timeously and in good faith. On costs, while acknowledging that costs follow the event under Section 27(1) of the Civil Procedure Act, the Court directed costs to be in the cause. The application was allowed with the stay granted pending appeal.

Questions the Court framed

#

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

  1. 1.Whether there is a competent appeal before this Court.
  2. 2.Whether the Appellants have met the threshold for stay of proceedings to issue at this interlocutory stage.
  3. 3.Who bears the costs of the suit?

Key legal issues

#
01

Whether there is a competent appeal before the Court

Holding

The Memorandum of Appeal dated 13/06/2025, filed one month and four days after the Ruling of 15/05/2025, was filed without undue delay; there is a competent appeal on record.

Reasoning

The Court compared the date of the Ruling appealed against with the date of filing of the Memorandum of Appeal and the present application. A delay of one month and four days, partly attributable to the unavailability of the lower court file, was not inordinate. A competent appeal therefore existed to anchor the interlocutory application.

p. 3
02

Whether the threshold for stay of proceedings was met

Holding

The threshold was met: the appeal raises arguable issues touching the right to be heard, the application was brought timeously and in good faith, and stay was warranted to avoid conflicting decisions.

Reasoning

The Court applied the principles in Global Tours & Travel and Kenya Wildlife Service v Mutembei: stay of proceedings is discretionary, grave, and granted sparingly. It found the appeal arguable, touching the right to be heard since the Appellants' case was closed without being heard; the application was filed without delay; and stay would prevent conflicting decisions and conserve judicial time.

p. 4
03

Costs of the application

Holding

Although costs ordinarily follow the event under Section 27(1) of the Civil Procedure Act, the Court directed that costs be in the cause.

Reasoning

The Court acknowledged the principle that costs follow the event and are compensatory rather than penal, citing Court of Appeal authority. Exercising its discretion in the circumstances of the interlocutory application, it nonetheless directed that costs be in the cause rather than awarded to the Appellants forthwith.

p. 6

Legal principles established

#
  • Stay of proceedings is a grave judicial action to be exercised sparingly, only where the applicant demonstrates an arguable appeal that would be rendered nugatory absent the stay.

Court orders

#
  1. 1.Pending the hearing and determination of the Appeal, an order of stay staying any proceedings before the Thika Chief Magistrates Court in MCELC/64/2018: Collins Awori Oduori And Priscilla Nyanchora Ogamba Vs Joyce Muthoni Gichira And Daniel Gitau Kuria
  2. 2.Costs shall be in the cause

The bench

#

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

majority

Wrote the judgment

On appeal from
Thika Chief Magistrates Court
MCELC/64/2018
Jurisdiction invoked
Appellate jurisdiction over appeal from the Chief Magistrates' Court; application under Order 42 Rule 6(1) and Section 6 of the Civil Procedure Act

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.

Pending the hearing and determination of the Appeal, the Honorable Court hereby issues an order of stay staying any proceedings before the Thika Chief Magistrates Court in MCELC/64/2018: Collins Awori Oduori And Priscilla Nyanchora Ogamba Vs Joyce Muthoni Gichira And Daniel Gitau Kuria.
p. 6Final orders - stay of proceedings granted
Stay of proceedings is a grave judicial action which seriously interferes with the right of a litigant to conduct his litigation. It impinges on right of access to justice, right to be heard without delay and overall, right to fair trial. Therefore, the test for stay of proceeding is high and stringent
p. 5Test for stay of proceedings
The sole question is whether, it is in the interest of justice to order a stay of proceedings, and if it is, on what terms it should be granted.
p. 4Judicial discretion in stay of proceedings
I will however direct that the costs shall be in the cause.
p. 6Costs

Issues in the judgment

#
minor

Judgment refers to the Applicants as 'Plaintiff/Plaintiffs' when describing the grounds of appeal, though they are described as Appellants elsewhere.

minor

Prayers 2 and 3 of the Notice of Motion are substantively identical, one pending appeal and the other pending the application, yet the Court's final order tracks only the 'pending the hearing and determination of the Appeal' formulation.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Oduori & another v Gichira & another (Environment and Land Appeal E065 of 2025) [2025] KEELC 8410 (KLR)", Case Analysis (2025). MCELC/64/2018 ( Appeal arising from Thika Chief Magistrates Court). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8410/eng@2025-12-02

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