Dasahe Investments Limited v Mugo (Environment and Land Case 1020 of 2016) [2026] KEELC 3358 (KLR)
The bottom line
#A Kenyan court allowed the Deputy Registrar to sign land transfer documents for a defendant who refused to comply with an earlier judgment, despite a pending appeal.
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 Plaintiff has established a basis for this Court to authorize the Deputy Registrar to execute requisite transfer documents on behalf of the Defendant
Key legal issues
#Whether the court should authorize the Deputy Registrar to execute transfer documents on behalf of the Defendant
Yes; the application was allowed and the Deputy Registrar authorized to sign the transfer documents
Judgment had been entered for the Plaintiff on 22nd February 2024, directing the Defendant to deliver vacant possession of L.R No. 9084, and a decree was issued. The Defendant did not deny failing to execute the transfer documents; her only opposition was a pending application for stay before the Court of Appeal. Section 98 of the Civil Procedure Act empowers the court to authorize execution of documents by an officer of the court where a person neglects or refuses to comply with a decree, and under Order 42 Rule 6(2) an appeal or intended appeal does not operate as a stay. Absent any order of stay, there was no bar to granting the relief sought.
Legal principles established
#- An appeal or intended appeal does not operate as a stay of execution
- Where a person neglects or refuses to comply with a decree directing execution of a document, the court may order that it be executed by a person nominated by the court
Court orders
#- 1.An Order authorizing the Deputy Registrar to sign all the necessary transfer documents on behalf of Editor Irima Mugo to give effect to the Decree of the court given on 22nd February 2024 relating to Land Reference Number 9084
- 2.The costs of the application to be borne by the Defendant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 98 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.
It is trite law that execution is a lawful process and under Order 42 Rule 6(2) of the Civil Procedure Rules, an Appeal or intended Appeal does not operate as a stay.
That an Order be and is hereby issued authorizing the Deputy Registrar to sign all the necessary transfer documents on behalf of Editor Irima Mugo, the Respondent herein, to give effect to the Decree of this court given on 22nd February 2024 relating to Land Reference Number 9084.
Issues in the judgment
#The coram records 'Weramondi for Decree Holder' and the affidavit calls Kevin Anami an Advocate, while the order refers to Editor Irima Mugo as 'the Respondent herein' although she is the Defendant in the suit; the judgment also labels itself a 'Ruling' but analyses and disposes of the application finally.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dasahe Investments Limited v Mugo (Environment and Land Case 1020 of 2016) [2026] KEELC 3358 (KLR)", Case Analysis (2026). ELC CASE NO. 1020 OF 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3358/eng@2026-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.