Mungai v Thoughts and Ideas Company Ltd (Environment and Land Appeal E142 of 2025) [2026] KEELC 3737 (KLR)
The bottom line
#The High Court stopped a tenant's eviction pending her appeal, but only on condition she files the appeal record within 30 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant demonstrated substantial loss justifying a stay
Yes - the applicant faces imminent eviction and has an uncontroverted claim of rent overpayment of Kshs 310,800/-
The applicant averred an eviction order had been issued and that she overpaid rent by Kshs 310,800/- which the Tribunal failed to consider because her receipts were saved under a different name. The respondent did not controvert these averments. The court accepted the purpose of a stay is to prevent the appeal from being rendered nugatory and found imminent risk of eviction.
Whether the application was filed without undue delay
Yes - filed 15 days after the Tribunal's decision
The Tribunal's ruling was delivered on 10/7/2025 and the application was lodged on 25/7/2025. The court treated this 15-day interval as timeous, satisfying the second condition for a stay of execution pending appeal.
Whether security for costs had to be furnished
No - despite the mandatory terms of Order 42 Rule 6(2)(b), the court dispensed with security in its discretion
Relying on Aron C. Sharma, the court accepted security guarantees due performance of the decree, but held that ordering security would unnecessarily overburden the applicant. The discretion was exercised judiciously to dispense with security in the circumstances.
Legal principles established
#- The applicant for a stay of execution pending appeal bears the burden of demonstrating substantial loss
- Security for costs under Order 42 Rule 6(2)(b) is a mandatory condition for stay, though the requirement to furnish it may be waived in the court's discretion
Court orders
#- 1.Stay of execution of the Orders and/or Ruling of the Tribunal by Honourable Mike Makori in BPRT No E1229 of 2024 delivered on 10/7/25 pending the hearing and determination of the Appeal
- 2.The Applicant to file and serve the record of appeal within the next 30 days, in default the orders granted shall stand dismissed
- 3.Costs of the application to abide the outcome of the appeal
- On appeal from
- Business Premises Rent Restriction Tribunal
- BPRT No E229 of 2024
- Jurisdiction invoked
- Discretionary power to stay execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mungai v Thoughts and Ideas Company Ltd (Environment and Land Appeal E142 of 2025) [2026] KEELC 3737 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3737/eng@2026-06-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.