Ndalo v Sireno (Environment and Land Appeal 26 of 2018) [2026] KEELC 4274 (KLR)
The bottom line
#The court ordered Kshs.100,000 appeal security refunded, but only after the appellant produced the deposit and withdrawal orders to prove entitlement.
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 Kshs.100,000/- deposited as security pending appeal should be released to the Appellant following withdrawal of the appeal
Key legal issues
#Whether the court could order release of the deposited security despite absence on record of the orders directing the deposit and withdrawing the appeal
The court allowed release but imposed conditions requiring production of the deposit order and the withdrawal order
The application was unopposed and a deposit receipt showing Kshs.100,000/- deposited by John Osuwo on behalf of the applicant was on record. However, the court could not locate on record the order directing the deposit and stay of execution, nor a copy of the order withdrawing the appeal. It therefore granted the release conditionally on production of both orders, and provided that any stay of execution would lapse upon release.
Legal principles established
#- Release of deposited security may be ordered conditionally upon production of the underlying court orders directing the deposit and withdrawing the appeal
Court orders
#- 1.Release of the amount of Kshs.100,000/- deposited by JOHN OSUWO to the applicant upon identification
- 2.Release conditional on the applicant producing a copy of the order that directed the deposit of the security amount and a copy of the court order withdrawing the appeal
- 3.Upon release of the security amount, the order of stay of execution, if any, shall lapse
- 4.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 1A, 3A and 63(e) of the Civil Procedure Act; article 159 of the Constitution of Kenya 2010
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.
In the premises, I hereby order the release of the amount of Kshs.100,000/- deposited by JOHN OSUWO to the applicant upon identification
Upon release of the security amount to the Applicant, the order of stay of execution, if any, granted herein shall lapse.
No order as to costs.
Issues in the judgment
#Duplicate phrase in the ruling text regarding the missing order
Name of the Respondent not stated in the judgment text
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndalo v Sireno (Environment and Land Appeal 26 of 2018) [2026] KEELC 4274 (KLR)", Case Analysis (2026). ELC 26/2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4274/eng@2026-07-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.