Munyua (Suing as the Personal Legal Representative of the Estate of Kenneth Kahuro Munyua) v Makori & another (Environment and Land Appeal E065 of 2025) [2026] KEELC 949 (KLR)
The bottom line
#A Kajiado court paused a land-transfer judgment pending appeal, registering an inhibition on the title so the property cannot be sold or transferred.
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 Appellant has met the threshold for grant of stay of execution of the judgment delivered on 24 October 2025 in Ngong ELC Case No. 73 of 2019 pending the hearing and determination of the Appeal
Key legal issues
#Whether the applicant satisfied Order 42 Rule 6(2) conditions for stay of execution pending appeal
The court found no unreasonable delay (application filed about 7 days after judgment), demonstrated substantial loss because transfer of the suit property would render the appeal nugatory, and adequate security was addressed by way of an inhibition against the title.
The court applied Order 42 Rule 6(2), requiring substantial loss, absence of unreasonable delay, and security. The application was filed seven days after judgment, so delay was not unreasonable. Because the decree compelled transfer of land, execution would destroy the substratum of the appeal in a way damages could not remedy. The appellant's willingness to comply with conditions led the court to grant stay conditional upon registration of an inhibition protecting the respondent's interests.
Legal principles established
#- Stay of execution preserves the subject matter in dispute so the appeal, if successful, is not rendered nugatory, while protecting a successful litigant's enjoyment of the fruits of judgment.
- Where execution would transfer the suit property, the substratum of the appeal may be fundamentally altered and the loss may not be adequately remedied by damages.
Court orders
#- 1.Stay of execution of the Judgment and Decree delivered on 24 October 2025 by Hon. A.N. Makau (SPM) in Ngong ELC Case No. 73 of 2019 pending the hearing and determination of the Appeal
- 2.An inhibition to be registered against the title of the suit property KAJIADO/OL CHORE/2453 forthwith to remain in place pending the hearing and determination of the appeal
- 3.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
- Chief Magistrate's Court, Ngong
- Ngong ELC Case No. 73 of 2019
- Jurisdiction invoked
- Sections 1A, 1B, 3A, 63(e) and 79G of the Civil Procedure Act; Order 42 Rules 6 and 1 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
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.
There shall be a stay of execution of the Judgment and Decree delivered on 24 October 2025 by Hon. A.N. Makau (SPM) in Ngong ELC Case No. 73 of 2019 pending the hearing and determination of the Appeal.
An inhibition be registered against the title of the suit property KAJIADO/OL CHORE/2453 forthwith to remain in place pending the hearing and determination of this appeal
The court ought to exercise its best discretion in a way so as not to prevent an appeal, if successful, from being rendered nugatory.
The suit property is the central subject matter of the Appeal. Preservation of that property pending determination of the Appeal is therefore necessary to safeguard the Appellant’s right of appeal.
Issues in the judgment
#The judgment does not state its own case number or neutral citation; only the lower-court case number (Ngong ELC Case No. 73 of 2019) and the application date (6 November 2025) are given.
The motion is described as an 'Amended Notice of Motion dated 6 November 2025' yet the judgment elsewhere records the Application as filed on 3 November 2025.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Munyua (Suing as the Personal Legal Representative of the Estate of Kenneth Kahuro Munyua) v Makori & another (Environment and Land Appeal E065 of 2025) [2026] KEELC 949 (KLR)", Case Analysis (2026). Not stated in the judgment (Appeal against Ngong ELC Case No. 73 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/949/eng@2026-02-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.