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ELCPartially Allowednull (not stated in the judgment as provided)· [2026] KEELC 2462 (KLR)

Bukhari Parcel Service & General Supply Limited & 2 others v Garissa Maize Millers (Environment and Land Miscellaneous Application E002 of 2025) [2026] KEELC 2462 (KLR)

High Court of Kenya (Environment and Land Court)
30 April 2026
4,102 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~16 min to read original · ~4 min brief

The bottom line

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A Kenyan court gave tenants more time to appeal a rent tribunal ruling and paused its enforcement, but only if they deposit Kshs. 750,000 within 30 days.

What this practically means

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Executive summary

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The applicants moved the High Court by Notice of Motion dated 7th August 2025 under Sections 79G and 3A of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules, seeking leave to appeal out of time against a ruling of the Business Premises Rent Tribunal delivered on 17th July 2025 in BPRT Case No. E014 of 2025, and stay of execution of that ruling. The Tribunal's ruling directed the applicants to deposit Kshs. 750,000/= and restrained them from accessing the suit premises. The applicants challenged the Tribunal's jurisdiction, contending the dispute concerned shareholding and internal company affairs rather than a landlord-tenant relationship, and that the ruling was delivered in their absence. The respondent opposed, arguing the application was premature (filed nine days before expiry of the 30-day appeal period), that the jurisdictional objection had already been dismissed on 22nd May 2025 and not appealed, that no substantial loss or security was shown, and that equity aids the vigilant. The court framed three issues: competency of the extension application, conditions for stay, and costs. It held the extension prayer premature and misconceived since the application was filed within the statutory period, but, invoking Article 159(2)(d), regularized the process by extending time by fourteen days, time having since lapsed. On stay, it found no unreasonable delay; no substantial loss arose from the money decree since refundability was not disproved, but the injunctive orders affecting possession justified preserving the status quo. It granted conditional stay upon a deposit of Kshs. 750,000/= within thirty days, in default of which the stay lapses. Costs were made to abide the outcome of the intended appeal.

Key legal issues

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01

Competence of the application for leave to appeal out of time

Holding

The application was premature and misconceived because it was filed within the 30-day statutory period; however, as time had by the date of judgment lapsed, the court extended time by fourteen days in the interests of substantive justice

Reasoning

Section 79G of the Civil Procedure Act allows admission of an appeal out of time only on good and sufficient cause. The ruling was delivered on 17th July 2025 and the application filed on 7th August 2025, within the 30-day period under Section 79G and Section 15(1) of Cap 301. There was thus no delay to excuse. Article 159(2)(d) nonetheless permitted the court to regularize the process, the applicants having demonstrated a clear intention to appeal and annexed a draft Memorandum of Appeal.

p. 7
02

Conditions for stay of execution under Order 42 Rule 6(2)

Holding

Stay granted conditionally: no unreasonable delay was shown; substantial loss was found not from the monetary component (since refundability was not disproved) but from the injunctive orders affecting possession; security fixed at Kshs. 750,000/= deposit

Reasoning

Order 42 Rule 6(2) requires substantial loss, promptitude and security. The application was filed within a short period, satisfying promptitude. The applicants failed to show the respondent could not refund Kshs. 750,000/=, so no substantial loss arose from the money decree (Century Oil, Antoine Ndiaye). However, the injunctive orders restraining access to the premises affect possession and operations and may alter the substratum of the dispute, justifying preservation of the status quo (Kenya Shell). Willingness to provide security was accepted, with a Kshs. 750,000/= deposit fixed as appropriate security.

p. 8
03

Costs

Holding

Costs to abide the outcome of the intended appeal notwithstanding the applicants' success

Reasoning

Under Section 27 of the Civil Procedure Act costs follow the event unless the court orders otherwise for good reasons. The court found it fair and just that costs await the outcome of the intended appeal, given the applicants succeeded only in the application and the dispute remains live on appeal.

p. 8

Legal principles established

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  • An application for extension of time filed before expiry of the statutory period is premature, but the court may regularize the process under Article 159(2)(d) to facilitate the right of appeal
  • Substantial loss for a money decree lies in the inability of the respondent to refund the decretal sum, and the onus of proving this lies with the applicant
  • Where impugned orders affect possession and operations, preservation of the status quo may be necessary to avoid rendering an intended appeal nugatory

Court orders

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  1. 1.A finding that prayer (3) for leave to file the appeal against the orders of 17th July 2025 was premature as the statutory time for lodging an appeal had not lapsed when the application was filed
  2. 2.Extension of time for the applicants to file and serve an appeal out of time within fourteen (14) days from the date of the order
  3. 3.Conditional stay of execution of the orders of 17th July 2025 issued in BPRT No. E014 of 2025 pending the hearing and determination of the intended appeal
  4. 4.The stay is conditional on the applicants depositing Kshs. 750,000/= in an interest-earning bank account in the joint names of the parties' counsel or with the court within thirty (30) days, failing which the stay lapses automatically
  5. 5.Costs to abide the outcome of the intended appeal
On appeal from
Business Premises Rent Tribunal
BPRT Case No. E014 of 2025
Jurisdiction invoked
Sections 79G and 3A of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules

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, "Bukhari Parcel Service & General Supply Limited & 2 others v Garissa Maize Millers (Environment and Land Miscellaneous Application E002 of 2025) [2026] KEELC 2462 (KLR)", Case Analysis (2026). null (not stated in the judgment as provided). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2462/eng@2026-04-30

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