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ELCAllowedKAPSABET ELCLA NO. E010 OF 2025

Telu & 3 others v Chumba & another (Environment and Land Appeal E010 of 2025) [2026] KEELC 4203 (KLR)

Environment and Land Court
7 July 2026
452 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a ruling of the Environment and Land Court at Kapsabet (Ongondo, J) in ELCLA No. E010 of 2025 on a Notice of Motion dated 6th November 2025 by four applicants/appellants seeking stay of execution of the judgment and decree delivered on 29th August 2025 in Kapsabet Chief Magistrate ELC No. 68 of 2029 (Chepkazi Chumba & David Cheruiyot Rugut vs Clementina Jelimo Telu & others), pending hearing of their appeal. The appeal, originally filed at Eldoret, had been transferred to Kapsabet. After hearing Mr. Mogambi for the applicants and Mr. Choge for the respondents, the court recorded that it was common ground the application be determined on terms to pave way for the hearing of the appeal. Noting that the memorandum of appeal raised triable issues including fraud and limitation of actions, and subscribing to the Court of Appeal decision in Butt v Rent Restriction Tribunal (1979) KECA 22 (KLR) that litigants are the best judges of their affairs and an appellant has an undoubted right of appeal, the court ordered status quo maintained over land parcel Nandi/Kaptel/1997: the four applicants to remain in occupation while the respondents were barred from transferring, selling, subdividing or disposing of the property pending the appeal. Execution of the lower court judgment and decree was stayed. The court made no orders as to costs, directed the appellants to file and serve the record of appeal within thirty days, and set the appeal for directions on 28th September 2026.

Questions the Court framed

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

  1. 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

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01

Whether to stay execution of the decree pending appeal

Holding

Stay granted by consent, with status quo maintained: applicants to remain in occupation and respondents barred from disposing of the land

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.Status quo prevailing over land reference number Nandi/Kaptel/1997 to be maintained by the parties pending the outcome of the appeal
  2. 2.The four applicants to remain in occupation of the said property
  3. 3.The respondents not to transfer, sell, subdivide or dispose of the property pending the hearing and determination of the appeal
  4. 4.No execution of the judgment and decree in Kapsabet CMC ELC No. 68 of 2019 pending the outcome of the appeal
  5. 5.No orders as to costs
  6. 6.Learned counsel for the appellants to file and serve record of appeal within thirty days
  7. 7.Appeal set for directions on 28th September 2026

The bench

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

majority

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

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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 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
p. 3stay - status quo order
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
p. 3stay of execution pending appeal
the litigants and their professional advisors are the best judges of their affairs........ and the appellant has an undoubted right of appeal
p. 2right of appeal - Butt v Rent Restriction Tribunal
In the premises, the application dated 6 th November 2026 is hereby determined thus
p. 2disposition

Issues in the judgment

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minor

Notice of Motion date given inconsistently as 6th November 2025 in paragraph 1 and 6th November 2026 in the order

minor

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

minor

Directions date given as 28th September 2026, which falls outside the 30-day record-filing period and appears inconsistent

minor

Typographical error 'the estate pf the late Kiplelei Arap Chumba-Deceased'

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, "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.