Khamis & 2 others (Suing on Their Own Behalf and as Trustees of Jamia Mosque Community Based Organization) v Mbale Muslim Mosque Committee (Suing Through Its Officials Juma Ramadhan & Zubeir Shogobe) & another (Environment and Land Appeal E022 of 2025) [2026] KEELC 2953 (KLR)
The bottom line
#The Vihiga Environment and Land Court paused enforcement of a plot judgment pending appeal, but only after the appellants deposit Kshs. 150,000 as security within 45 days.
What this practically means
#Executive summary
#Key legal issues
#Stay of execution pending appeal
Application allowed conditional on security of Kshs. 150,000 within 45 days
The court found plot No.56 and its rental income are the subject matter of the appeal; enforcing the trial court's orders (requiring the Applicants to account and indemnify the Respondent) before the appeal is heard would render the appeal nugatory and cause substantial loss. Stay was therefore granted subject to security under Order 42 Rule 6.
Joinder as Interested Party
Application dismissed; no locus standi demonstrated
The Applicant claimed to be heir and de facto manager of plot No.56 through his deceased father. He exhibited no grant or appointment as personal representative, and his father's letter of allotment concerned plot No.55, not the plot in issue, with no evidence the correction to No.56 ever occurred. The court had jurisdiction to join him but found the grounds not demonstrated.
Legal principles established
#- An order for stay of execution under Order 42 Rule 6(2) requires demonstration of substantial loss, absence of unreasonable delay and furnishing of security
- Persons acting on behalf of deceased persons or deceased-registered property must be duly appointed personal representatives under the Law of Succession Act
- Execution of a decree before appeal is heard may render the appeal nugatory and cause substantial loss
Court orders
#- 1.The application dated 19th November, 2025 is allowed; stay of execution of the trial court's judgment granted pending hearing and determination of the appeal on condition that the Applicants deposit Kshs. 150,000/- in court as security within 45 days, failing which the stay lapses
- 2.The application dated 2nd December, 2025 is dismissed
- 3.Each party to bear its own costs of the applications
- On appeal from
- Vihiga Magistrates' Court
- MCLE MISC Cause No. E010 of 2023
- Jurisdiction invoked
- Order 42 Rule 6, Civil Procedure Rules, 2010 (appellate/stay jurisdiction) and Order 1 Rule 10(2) Civil Procedure Rules (joinder)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Khamis & 2 others (Suing on Their Own Behalf and as Trustees of Jamia Mosque Community Based Organization) v Mbale Muslim Mosque Committee (Suing Through Its Officials Juma Ramadhan & Zubeir Shogobe) & another (Environment and Land Appeal E022 of 2025) [2026] KEELC 2953 (KLR)", Case Analysis (2026). Vihiga MCLE MISC Cause No. E010 of 2023 (appeal therefrom). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2953/eng@2026-05-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.