Ondu v Ogutu & another (Enviromental and Land Originating Summons E002 of 2022) [2026] KEELC 1352 (KLR)
The bottom line
#A Kenyan land court paused enforcement of a land transfer judgment pending appeal, but only after the applicant deposited Kshs 200,000 security within 45 days.
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 unopposed application for stay of execution of the judgment dated 27th October 2025 pending appeal to the Court of Appeal should be allowed
- 2.Whether the applicant has commenced the appeal process as evidenced by a Notice of Appeal
- 3.What security, if any, should be ordered as a condition of stay
Key legal issues
#Entitlement to stay of execution pending appeal
The court granted stay of execution of its judgment dated 27th October 2025 pending the appeal to the Court of Appeal, conditional on the applicant depositing Kshs 200,000/- in court as security within 45 days, failing which the stay lapses.
The application was brought under Order 42 Rule 6 of the Civil Procedure Rules and sections 1A, 1B and 3A of the Civil Procedure Act. The applicant annexed a Notice of Appeal showing the appeal process had commenced, and averred that the judgment directing transfer of suit lands could be executed after expiry of 90 days, rendering the appeal nugatory. The respondents were served but did not respond or attend, leaving the application unopposed.
Effect of non-opposition to the application
The unopposed nature of the application, combined with service on the respondents, supported allowing it as prayed with conditions.
Service was proved by an Affidavit of Service sworn by Bruce O. Odeny Advocate showing the respondents received the application and directions on 8th December 2025. They filed no response and did not attend the hearing on 27th February 2026. Counsel for the applicant urged the court to allow the application as unopposed, and the court allowed it on conditions as to security.
Legal principles established
#- An unopposed application for stay of execution may be allowed where the applicant demonstrates commencement of the appeal process, with security as a condition
Court orders
#- 1.An order of stay of execution of the judgment dated 27th October 2025 granted pending the hearing and determination of the appeal to the Court of Appeal, on condition that the applicant deposits in court Kshs 200,000/- as security pursuant to Order 42 Rule 2 (b) Civil Procedure Rules within 45 days, failing which the stay order shall lapse
- 2.Each party to bear its own costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules, 2010 and sections 1A, 1B and 3A 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.
An order of stay of execution of the judgment herein dated 27th October 2025 is hereby granted pending the hearing and determination of the appeal to the Court of Appeal on condition that the applicant deposits in court a sum of Kshs 200, 000/- (Kenya shillings two hundred thousand only) as security pursuant to the provisions of Order 42 Rule 2 (b) Civil procedure Rules, within 45 days hereof, failing which the stay of execution order herein granted shall lapse.
Each party to bear its own costs of the application.
The Applicant has annexed to the Afidavit in Support of the application a copy of Notice of Appeal to show that he has commenced the process of appealing.
Issues in the judgment
#The judgment applies Order 42 Rule 2 (b) as the security provision while the application cited Order 42 Rule 6; the rule number cited in the security condition may be a typographical error for Order 42 Rule 6(2).
The judgment does not state the case name or case number of the suit in which the application was made.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ondu v Ogutu & another (Enviromental and Land Originating Summons E002 of 2022) [2026] KEELC 1352 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1352/eng@2026-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.