Telu & 3 others v Chumba & another (Environment and Land Appeal E010 of 2025) [2026] KEELC 4203 (KLR)
The bottom line
#The Environment and Land Court at Kapsabet froze the lower court's land judgment, keeping the current occupants in place until the appeal is heard.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether stay of execution of the judgment/decree delivered on 29th August 2025 in Kapsabet Chief Magistrate ELC No. 68 of 2029 should issue pending the hearing and determination of the appeal
Key legal issues
#Whether to stay execution of the decree pending appeal
Stay granted by consent, with status quo maintained: applicants to remain in occupation and respondents barred from disposing of the land
The parties' counsel agreed the application be determined on terms paving way for the hearing of the appeal. The memorandum of appeal disclosed triable issues including fraud and limitation of actions. The court adopted the Butt v Rent Restriction Tribunal principle that a litigant has an undoubted right of appeal.
Legal principles established
#- Stay pending appeal is granted to preserve the appeal; litigants and their advisors are best judges of their affairs and an appellant has an undoubted right of appeal
Court orders
#- 1.Status quo prevailing over land reference number Nandi/Kaptel/1997 to be maintained by the parties pending the outcome of the appeal
- 2.The four applicants to remain in occupation of the said property
- 3.The respondents not to transfer, sell, subdivide or dispose of the property pending the hearing and determination of the appeal
- 4.No execution of the judgment and decree in Kapsabet CMC ELC No. 68 of 2019 pending the outcome of the appeal
- 5.No orders as to costs
- 6.Learned counsel for the appellants to file and serve record of appeal within thirty days
- 7.Appeal set for directions on 28th September 2026
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Chief Magistrate's Court, Kapsabet (Environment and Land)
- CMC ELC No. 68 of 2019 (Chepkazi Chumba & David Cheruiyot Rugut vs Clementina Jelimo Telu & others)
- Jurisdiction invoked
- Inherent appellate jurisdiction to grant stay of execution pending appeal (appeal transferred from Eldoret Environment and Land Court)
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.
The status quo prevailing over the land reference number Nandi/Kaptel/1997 being the property in dispute, be maintained by the parties herein pending the outcome of the instant appeal
There shall be no execution of the judgment and decree in Kapsabet CMC ELC No. 68 of 2019 pending the outcome of the appeal herein
the litigants and their professional advisors are the best judges of their affairs........ and the appellant has an undoubted right of appeal
In the premises, the application dated 6 th November 2026 is hereby determined thus
Issues in the judgment
#Notice of Motion date given inconsistently as 6th November 2025 in paragraph 1 and 6th November 2026 in the order
Lower court case number given inconsistently as 'ELC No. 68 of 2029' in paragraph 1 and 'CMC ELC No. 68 of 2019' in the order
Directions date given as 28th September 2026, which falls outside the 30-day record-filing period and appears inconsistent
Typographical error 'the estate pf the late Kiplelei Arap Chumba-Deceased'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Telu & 3 others v Chumba & another (Environment and Land Appeal E010 of 2025) [2026] KEELC 4203 (KLR)", Case Analysis (2026). KAPSABET ELCLA NO. E010 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4203/eng@2026-07-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.