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ELCPartially AllowedKajiado ELC (Consolidated) — Ruling on Notice of Motion dated 24th July 2025

Tumbes v Osore & 3 others; Neo Developers Limited (Interested Party) (Environment and Land Case 45 of 2018 & 84 of 2019 (Consolidated)) [2026] KEELC 2900 (KLR)

Environment and Land Court
15 May 2026
1,752 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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The Kajiado Environment and Land Court froze all dealings with contested land until an appeal is decided, rejecting a Kshs. 27 million cash deposit.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Kajiado (M.D. Mwangi, J) on a Notice of Motion dated 24th July 2025 by the 2nd Defendant, Molyn Credit Limited, seeking stay of execution of the judgment delivered on 6th May 2025 and all consequential orders pending its appeal to the Court of Appeal (Nairobi COACA/E532/2025). The underlying judgment, in consolidated suits including Kajiado ELC No. 84 of 2019, revoked the 2nd Defendant's Certificate of Title over Kajiado/Kisaju/11355 and ordered compensation of Kshs. 27,000,000. The application, supported by an affidavit of Moses Anyangu, was opposed by the Plaintiff, Jennifer Wanjiku Tumbes, who maintained the judgment was properly founded on evidence that the 2016 land sale agreement was procured without her informed consent. The court framed a single issue: whether the Applicant satisfied the Order 42 Rule 6(2) conditions of substantial loss, absence of unreasonable delay and security. Applying Chiri v Mumbi and considering Kenya Shell Ltd v Kibiru, the court held that the proprietary nature of the decretal orders meant alteration of the register pending appeal could render the appeal nugatory; the delay was not inordinate; and preservation of the suit property would suffice as security. The court allowed the application, staying execution, maintaining the status quo, prohibiting all dealings with the suit property, and ordering costs of the application to abide 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 2nd Defendant/Applicant has satisfied the conditions for grant of stay of execution pending appeal

Key legal issues

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01

Whether the conditions for stay of execution pending appeal under Order 42 Rule 6(2) were met

Holding

The court found the threshold satisfied: substantial loss was demonstrated because the decree affected proprietary rights in land and could render the appeal nugatory; delay was not inordinate; and preservation of the suit property constituted adequate security.

Reasoning

The court applied Order 42 Rule 6(2) and the purpose of stay as preserving the subject matter so a successful appeal is not rendered nugatory, while balancing the respondent's right to enjoy the fruits of judgment. The decretal orders were declaratory, injunctive and rectification orders over land, so alteration of the register could complicate reversal if the appeal succeeded. Delay of about two and a half months was explained. Security was addressed by maintaining the status quo over the title rather than a cash deposit.

p. 4

Legal principles established

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  • Stay of execution pending appeal requires demonstration of substantial loss, absence of unreasonable delay, and furnishing of security
  • Where the subject matter is immovable property whose ownership is contested on appeal, preservation of the substratum of the appeal may justify a stay

Court orders

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  1. 1.Stay of execution of the judgment delivered on 6th May 2025 together with all consequential orders pending the hearing and determination of Nairobi COACA/E532/2025
  2. 2.Maintenance of the prevailing status quo in respect of land parcel Kajiado/Kisaju/11355 pending the hearing and determination of the appeal
  3. 3.No sale, transfer, alienation, charging, leasing, subdivision or any other adverse dealings with the suit property pending determination of the appeal
  4. 4.Costs of the application to abide the outcome of 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
Court of Appeal, Nairobi
Nairobi COACA/E532/2025
Jurisdiction invoked
Sections 3, 3A and 63(e) of the Civil Procedure Act; Order 42 Rules 6 & 3, Order 51 Rules 1 & 3 and Order 22 Rule 22 of the Civil Procedure Rules
Consolidated with
Kajiado ELC No. 84 of 2019

Relief refused

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Deposit of Kshs. 27,000,000 as security as urged by the Plaintiff

The court instead preserved the suit property as security, noting no monetary decree in favour of the Plaintiff and that status quo orders already existed

p. 4

Costs

The costs of the application shall abide the outcome of 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.

A. There shall be a stay of execution of the Judgment delivered on 6th May 2025 together with all consequential orders pending the hearing and determination of Nairobi COACA/E532/2025.
p. 4final orders - stay of execution
C. For avoidance of doubt, there shall be no sale, transfer, alienation, charging, leasing, subdivision or any other adverse dealings with the suit property pending determination of the appeal.
p. 4final orders - preservation of suit property
The purpose of an order for stay pending appeal was succinctly captured in Chiri v Mumbi (Civil Appeal E266 of 2025) [2025] KEHC 18630 (KLR)
p. 3purpose of stay pending appeal
Substantial loss in its various forms, is the corner stone of both jurisdictions for granting a stay. That is what has to be prevented.
p. 3substantial loss as cornerstone of stay
The Court must equally ensure that the right of appeal is not rendered illusory.
p. 4balancing right of appeal with fruits of judgment

Issues in the judgment

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minor

Judgment consistently misspells 'Plaintiff' as 'Plaintifi' throughout the text

minor

The monetary decree of Kshs. 27,000,000 is described as being in favour of the 'Interested Party' although earlier text suggests it was compensation ordered to the Plaintiff

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, "Tumbes v Osore & 3 others; Neo Developers Limited (Interested Party) (Environment and Land Case 45 of 2018 & 84 of 2019 (Consolidated)) [2026] KEELC 2900 (KLR)", Case Analysis (2026). Kajiado ELC (Consolidated) — Ruling on Notice of Motion dated 24th July 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2900/eng@2026-05-15

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