Wabuyabo v Ali & 2 others (Environment and Land Appeal E031 of 2025) [2026] KEELC 300 (KLR)
The bottom line
#A Kakamega court paused eviction from family land pending appeal, confirming Kenyan courts protect long-term occupants who act fast.
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 applicant has met the threshold for grant of orders of stay of execution pending appeal
Key legal issues
#Whether the applicant demonstrated substantial loss
The court found substantial loss demonstrated because the applicant had been in occupation of the suit property and faced eviction if execution proceeded.
The court reviewed the judgment and amended plaint, noting the appellant occupied the suit property which the trial court ordered him to vacate, and that the registered proprietor was the applicant's deceased father. Issues of capacity to be sued raised triable issues. Continued occupation for some time grounded a finding of real, qualitative loss if eviction proceeded before the appeal was heard.
Whether the application was made without unreasonable delay
The application, filed six days after delivery of judgment, was made timeously and without delay.
The court measured the delay between the judgment of 24th April 2025 and the notice of motion dated 30th April 2025, finding only six days had elapsed, which satisfied the timeliness requirement under Order 42 Rule 6(2)(a).
Legal principles established
#- To succeed in seeking stay of execution pending appeal, an applicant must demonstrate imminent substantial loss, that the application was made without unreasonable delay, and willingness to provide security for the due performance of the decree.
- Substantial loss is a qualitative, not mathematical, concept.
Court orders
#- 1.Stay of execution of judgment of the lower court delivered on 24th April 2025 in Mumias ELC Case No. E131 of 2022, pending hearing and determination of the appeal
- 2.Costs of the application to be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Lower court (Mumias)
- Mumias ELC Case No. E131 of 2022
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules
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 therefore grant orders of stay of execution of judgment of the lower court delivered on 24th April 2025 in Mumias ELC Case No. E131 of 2022, pending hearing and determination of this appeal.
Substantial loss does not represent any particular mathematical formula. Rather, it is a qualitative concept.
the applicant filed the application herein six days after delivery of judgment and therefore approached court timeously and without delay.
Issues in the judgment
#The judgment refers to the applicant as both male ('he') and female ('she') without explanation.
The case number of the appeal in which this application is brought is not stated in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wabuyabo v Ali & 2 others (Environment and Land Appeal E031 of 2025) [2026] KEELC 300 (KLR)", Case Analysis (2026). Not stated in the judgment (application filed in the appeal against judgment of 24th April 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/300/eng@2026-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.