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ELCPartially AllowedELC Land Appeal Case No. E021 of 2024

Presbyterian Foundation Association v Riungu & 20 others (Environment and Land Appeal E021 of 2024) [2026] KEELC 377 (KLR)

Environment and Land Court
28 January 2026
1,789 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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A Chuka court refused to freeze a land judgment already carried out, but blocked any further dealings with the disputed land pending appeal.

What this practically means

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Executive summary

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In this ruling in an ELC land appeal from Chuka CMC Civil Case No 24 of 2016, B M Eboso J dealt with the appellant's notice of motion dated 20/6/2025 seeking a stay of execution of the trial court's judgment of 22/11/2024 and an inhibition order over land parcel Mwimbi/Murugi/1022 pending appeal. The applicant claimed allocation of the land by the defunct County Council of Meru, occupation since 1973, registration in 2001, and construction of PCEA Kiriani Health Centre on the land. The respondents contended the land is community land held for Kiriani Community and that the decree had already been executed, with the land registered in the name of the County Government of Tharaka Nithi on 12/6/2025. The court framed two issues: whether the criteria for stay of execution under Order 42 rule 6(2) were met, and whether the criteria for an interlocutory inhibition under Order 42 rule 6(6) were met. On stay, the court found a 7-month delay unreasonable, no substantial loss demonstrated, the decree already executed, and no security offered, and declined the stay. On inhibition, the court found the grounds of appeal arguable - including the retrospectivity of the 2010 Constitution and limitation - and granted an inhibition preserving the land in the name of the County Government of Tharaka Nithi as trustee, to lapse on disposal of the appeal or after 12 months. Costs were in the appeal.

Questions the Court framed

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

  1. 1.Whether the criteria for granting an order of stay of execution pending disposal of an appeal by this court has been satisfied
  2. 2.Whether the criteria for granting an interlocutory injunctive relief (in form of an inhibition order) by this court under Order 42 rule 6(6) of the Civil Procedure Rules has been met

Key legal issues

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01

Stay of execution under Order 42 rule 6(2)

Holding

Not satisfied: the application was made after unreasonable delay of 7 months and after the decree had been executed; no substantial loss demonstrated and no security offered

Reasoning

The judgment was delivered on 22/11/2024 and the application filed on 23/6/2025, a delay the court held was unreasonable. Worse, the decree had been executed on 12/6/2025 when the applicant's title was cancelled and the land registered in favour of the County Government. No imminent danger of demolition of structures or closure of the health facility was shown. Security, a mandatory requirement, was never offered. Stay therefore failed on all three limbs.

02

Interlocutory inhibition under Order 42 rule 6(6)

Holding

Granted: the appeal raises arguable grounds and preservation of the suit land is warranted pending appeal

Reasoning

The court found the applicant's grounds of appeal arguable, including the complaint that the trial court applied the Constitution of Kenya 2010 retrospectively to a 2001 allocation, and the plea that the suit was statute-barred. The court noted the land was registered in the name of the County Council of Meru in 1966 and reserved for Kiriani Social Centre, with the 2001 transfer's circumstances in issue. Without making conclusive findings, it held preservation through an inhibition was warranted.

p. 4

Legal principles established

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  • Stay of execution requires satisfaction of substantial loss, absence of unreasonable delay, and security for due performance of the decree under Order 42 rule 6(2)
  • The jurisdiction of a first appellate court to grant an interlocutory injunction under Order 42 Rule 6(6) is discretionary and equitable, and will not be exercised where the appeal is frivolous or where refusal would not render the appeal nugatory

Court orders

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  1. 1.The plea for an order of stay of execution is declined/rejected
  2. 2.An interlocutory inhibition is granted, to stand vacated on disposal of the appeal or on expiry of 12 months from the date of the ruling; the suit land shall remain in the name of the County Government of Tharaka Nithi as trustee and no dealings shall be registered against the title
  3. 3.Costs of the application shall be in the appeal

The bench

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

majority

Wrote the judgment

On appeal from
Chuka Chief Magistrate's Court
Chuka CMC Civil Case No 24 of 2016
Jurisdiction invoked
Order 42 rule 6(2) and 6(6) of the Civil Procedure Rules; first appellate court jurisdiction

Relief refused

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Order of stay of execution of the judgment and decree rendered on 22/11/2024 in Chuka CMC Civil Case No 24 of 2016

The delay of 7 months was unreasonable, the decree had already been executed before the application was filed, no substantial loss was demonstrated, and no security for due performance of the decree was offered

p. 3

Costs

Costs of the application shall be in 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.

In the end, the application dated 20/6/2025 is disposed in the following terms:
p. 4disposition
The plea for an order of stay of execution is declined/rejected.
p. 4final orders - stay refused
The plea for an interlocutory inhibition is granted and the said inhibition shall stand vacated on disposal of this appeal or on expiry of 12 months from the date of this ruling.
p. 4final orders - inhibition granted
Costs of the application shall be in the appeal.
p. 4costs
By the time the applicants filed the present application, the decree of the trial court had already been executed.
p. 3stay - execution already complete
Whenever disposing a plea for an interlocutory injunction, the court does not make definitive or conclusive pronouncements on the key issues in the dispute.
p. 4scope of interlocutory determinations

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, "Presbyterian Foundation Association v Riungu & 20 others (Environment and Land Appeal E021 of 2024) [2026] KEELC 377 (KLR)", Case Analysis (2026). ELC Land Appeal Case No. E021 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/377/eng@2026-01-28

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