Kegohi & 2 others v Kegohi (Land Case Appeal E013 of 2026) [2026] KEELC 3990 (KLR)
The bottom line
#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 respondent was duly served with the application despite not appearing
- 2.Whether a stay of further proceedings in Kapsabet MCELC/E003/2026 should be granted pending the hearing and determination of the appeal
Key legal issues
#Service of the application upon the respondent
Service was duly effected, evidenced by affidavits of service sworn by the process server Bilha Machi, and the burden lay on the respondent who chose not to respond
The court relied on the affidavits of service sworn on 24th and 29th June 2026 by process server Bilha Machi. Citing Shadrack Arap Baiywo vs Bodi Bach, it held there is a presumption of service per the process server's report and the burden lies on the party questioning it. The respondent, though given the opportunity, opted not to respond, as per Festus Ogada vs Hans Mollin.
Stay of proceedings in the lower court pending appeal
The application was found firm and merited and a stay of further proceedings in the lower court suit was granted pending determination of the appeal
The applicants contended that the lower court suit was res judicata, having been determined in Bungoma HCFP&A No. 27 of 2001 (Estate of Jonathan Kegohi), and that continued prosecution would subject them to unnecessary litigation and prejudice. Noting the appeal was already filed by memorandum of appeal, and invoking Butt vs Rent Restriction Tribunal on the undoubted right of appeal, the court allowed the stay sought.
Legal principles established
#- There is a presumption of service as stated in the process server's report, and the burden of disproving it lies on the party questioning it
- An appellant has an undoubted right of appeal
Court orders
#- 1.An order of stay of any further proceedings in Kapsabet MCELC/E003/2026 Jackton Mark Kegohi versus Levis Anyanda Kegohi & 2 others until the present appeal is heard and determined
- 2.Costs of the application to abide the outcome of the instant appeal
- 3.Applicants' counsel to file and serve the record of appeal within forty-five (45) days from the date of the ruling
- 4.Appeal fixed for directions on 30th September 2026
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Magistrates' Court (Kapsabet)
- Kapsabet MCELC/E003/2026
- Jurisdiction invoked
- Appellate/stay jurisdiction of the Environment and Land Court over an appeal from the magistrates' court (memorandum of appeal dated 29th May 2026)
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.
an order to stay of any further proceedings in Kapsabet MCELC/E003/2026 Jackton Mark Kegohi versus Levis Anyanda Kegohi & 2 others until the present appeal herein is heard and determined.
That the costs of this application do abide the outcome of the instant appeal.
In the premises, I find the application firm and merited. The same is hereby allowed in the terms infra;
There is a presumption of service as stated in the process server’s report, and the burden lies on the party questioning it…..
……and the appellant has an undoubted right of appeal…….
Issues in the judgment
#The dates in the judgment (application dated 29th May 2026, ruling dated 29th June 2026) appear to fall in the future relative to typical records; retained as printed.
The court house name in the case number (Bungoma HCFP&A No. 27 of 2001) is stated as the High Court succession matter relied on for res judicata, but no copy details beyond the ruling date are verifiable from this judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kegohi & 2 others v Kegohi (Land Case Appeal E013 of 2026) [2026] KEELC 3990 (KLR)", Case Analysis (2026). Kapsabet MCELC/E003/2026 (appeal therein). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3990/eng@2026-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.