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ELCDismissedRuling on Notice of Motion dated 30.03.2026 (suit judgment dated 02.10.2024); Nyeri Civil Appeal No. E259 of 2025 pending

Full Gospel Churches of Kenya - through its Registered Trustees v M'Ramare & another (Being sued as the legal representatives of M’Ramare Nkunga alias Ramare Nkunga) (Land Originating Summons E014 of 2023) [2026] KEELC 3816 (KLR)

Environment and Land Court
18 June 2026
2,960 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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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 Meru (Oguttu Mboya, J) on the defendants/applicants' Notice of Motion dated 30.03.2026 seeking a stay of execution of the judgment and decree dated 02.10.2024, by which the Full Gospel Churches of Kenya succeeded against them, pending their appeal in Nyeri Civil Appeal No. E259 of 2025. The application was brought under Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010 and Sections 1A, 1B and 3A of the Civil Procedure Act. The Respondent opposed, contending the application was filed with inordinate and unexplained delay, that the Notice of Appeal was served out of time and thus invalid, and that the applicants failed to establish substantial loss. The court framed three issues: sufficient cause, delay, and substantial loss. It held that it need only confirm that a Notice of Appeal was filed - its validity and the appeal's competence being outside the trial court's remit - and found sufficient cause established. However, the application was filed over 18 months after judgment with no explanation, defeating it under the doctrine of laches. Further, substantial loss was neither impleaded in the application nor deposed to in the supporting affidavit; fear of execution of a lawful decree cannot constitute substantial loss. The application was dismissed with costs to the Respondent, such costs to be agreed or taxed.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Applicants have established sufficient cause
  2. 2.Whether the subject application was mounted with unreasonable and unexplained delay or otherwise
  3. 3.Whether the Applicants have demonstrated a likelihood of substantial loss occurring, if the orders sought are not granted

Key legal issues

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01

Whether the Applicants established sufficient cause for a stay

Holding

Sufficient cause established by the filing of a Notice of Appeal within time; the court need only confirm that a Notice of Appeal has been filed, not its validity

Reasoning

The court held that under Order 42 Rule 6(4) it need only interrogate whether a Notice of Appeal has been filed. Whether the Notice was served within time and whether the appeal is competent fall outside the trial court's jurisdictional remit. A Notice of Appeal was filed within the timelines in Rule 77 of the Court of Appeal Rules, 2022, and its filing was conceded. However, sufficient cause alone is not enough; the applicant must still meet the Order 42 Rule 6(2) conditions.

p. 9
02

Whether the application was mounted with unreasonable and unexplained delay

Holding

Yes - the delay of over 18 months was inordinate and unexplained, defeating the application under the doctrine of laches

Reasoning

Judgment was delivered on 02.10.2024 but the stay application was filed after more than 18 months, following the Respondent's successful application to lift the inhibition. The Applicants offered no reason or explanation for the delay. Citing Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet, the court held that any unexplained delay, even of 7 days, may be inordinate, and invoked the doctrine of laches per Chief Land Registrar & 5 others v Koech & 3 others.

p. 11
03

Whether the Applicants demonstrated substantial loss

Holding

No - substantial loss was neither impleaded in the application nor deposed to in the supporting affidavit

Reasoning

Applying Kenya Shell Limited v Benjamin Karuga Kibiru, the court held that substantial loss is the cornerstone of a stay application and must be express and explicit, not inferred. The Applicants did not plead substantial loss in the application or aver to it in the affidavit. Their only complaint was fear of execution of a lawful decree, which cannot itself constitute substantial loss, per Butt v Rent Restriction Tribunal.

p. 14

Legal principles established

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  • An appeal does not itself operate as a stay; the applicant must demonstrate sufficient cause and satisfy the conditions under Order 42 Rule 6
  • Unexplained delay, however short, may be inordinate; delay must be satisfactorily explained
  • Substantial loss is the cornerstone of an application for stay and must be expressly pleaded and proved by affidavit evidence
  • Execution of a lawful decree does not by itself constitute substantial loss

Court orders

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  1. 1.The Application dated 30.03.2026 be and is hereby Dismissed
  2. 2.Costs of the Application be and are hereby awarded to the Respondent
  3. 3.The costs shall be agreed upon and in default be taxed in the conventional manner

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010; Sections 1A, 1B and 3A of the Civil Procedure Act (Chapter 21, Laws of Kenya)

Relief refused

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Stay of execution of the judgment/decree dated 02.10.2024 and all consequential orders pending inter partes hearing of the application

Application defeated by the doctrine of laches due to inordinate unexplained delay; substantial loss neither impleaded nor substantiated

p. 12

Stay of execution of the judgment/decree dated 02.10.2024 and all consequential orders pending the hearing and determination of Nyeri Civil Appeal No. E259 of 2025

Applicants failed to satisfy the conditions under Order 42 Rule 6(1) and (2); no evidence of substantial loss

p. 15

Costs

Costs of the Application awarded to the Respondent, to be agreed upon and in default taxed in the conventional manner

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.

The Application dated 30.03.2026 be and is hereby Dismissed.
p. 15final orders - dismissal
Costs of the Application be and are hereby awarded to the Respondent.
p. 15final orders - costs
I find and hold that the application beforehand is defeated by the Doctrine of Laches
p. 12delay and laches
substantial loss is the key pillar or cornerstone upon which an order of stay of execution is premised
p. 12substantial loss
execution by and of itself, cannot create substantial loss
p. 14lawful decree execution

Issues in the judgment

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minor

The same authority appears twice in the judgment with different citations/formats: 'Kenya Shell limited versus Benjamin Karuga Kiburu and another [1986] eKLR' (as cited by Respondent) and 'Kenya Shell Limited v Benjamin Karuga Kibiru & anorther [1986] KECA 94 (KLR)' (as cited by the court), the latter containing the typographical error 'anorther'

minor

The judgment refers throughout to 'defendants/Applicants' and 'plaintiff/Respondent', and to the applicants by a role designation inconsistent with the parties' designation in the pending appeal, but this does not create internal contradiction

minor

The Notice of Motion is dated 30.03.2026 and directions were given on 28.05.2026 for filing of submissions within 7 days, yet the Applicants' submissions are dated 21.05.2026, i.e. before the directions date

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, "Full Gospel Churches of Kenya - through its Registered Trustees v M'Ramare & another (Being sued as the legal representatives of M’Ramare Nkunga alias Ramare Nkunga) (Land Originating Summons E014 of 2023) [2026] KEELC 3816 (KLR)", Case Analysis (2026). Ruling on Notice of Motion dated 30.03.2026 (suit judgment dated 02.10.2024); Nyeri Civil Appeal No. E259 of 2025 pending. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3816/eng@2026-06-18

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