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ELCPartially AllowedNot stated in the judgment (relates to Appeal No. E146 of 2025, Court of Appeal, Mombasa)

Garissa Mattresses Ltd v Wamwandu & 5 others (Environment and Land Case 316 of 2014) [2026] KEELC 4364 (KLR)

Environment and Land Court
1 January 2026
1,873 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Mombasa court granted 300 households, schools and a church temporary protection from eviction pending appeal, but only for 200 days and only if they deposit security.

What this practically means

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Executive summary

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The defendants, representing over 300 households, schools and a church occupying Plot L.R No. 15/V/MN (Title No. CR 7556) since 1974, moved the court by amended notice of motion dated 26th February 2026 seeking stay of execution of the judgment delivered on 7th November 2024, including restraint on the Land Registrar Mombasa from registering any transfer, charge or lease, pending hearing of their Appeal No. E146 of 2025 before the Court of Appeal at Mombasa. They argued the application was filed timeously, that they would suffer irreparable and non-pecuniary loss if evicted, and that the respondent's failure to file a replying affidavit meant the facts stood uncontroverted. The respondent opposed, contending the application was brought after an inordinate four-month delay, that no security had been offered, that mere irreparable loss is not substantial loss, and that the applicants, being seven defendants, could not purport to speak for 300 households not before the court. Relying on the conjunctive conditions in Order 42 Rule 6, the court found no undue delay given the multiplicity of parties and the appeal already filed; found substantial loss in the closure of schools and churches and the effect on school-going children; and granted a stay of execution pending appeal but limited to 200 days, conditioned on security of KSH 500,000 in court or, in the alternative, a cash deposit of Ksh 200,000 in a joint interest account of counsel within 60 days. Costs of the application were awarded in the appeal.

Questions the Court framed

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

  1. 1.Whether the application for stay of execution pending appeal was brought without undue delay
  2. 2.Whether the applicants will suffer substantial loss unless stay is granted
  3. 3.Whether security for the due performance of the decree has been offered

Key legal issues

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01

Whether the application was brought without undue delay

Holding

The court found the application was not made with undue delay, considering the many parties involved and that the appeal was already filed

Reasoning

The court took into account that the applicants are numerous, including churches and schools, and that the appeal had already been lodged and was pending allocation of a hearing date, so no inordinate delay was found despite the interval since judgment.

p. 4
02

Whether the applicants will suffer substantial loss if stay is not granted

Holding

The court found substantial loss would result from eviction, given schools and a church on the suit property and the effect on school-going children

Reasoning

The court was persuaded that eviction would close schools and churches and irreparably affect school-going children, satisfying the substantial loss threshold despite the respondent's argument that the applicants had no interest in the property and that irreparable loss is distinct from substantial loss.

p. 4
03

Security for the due performance of the decree

Holding

The court imposed security as a condition of the stay, either KSH 500,000 in court or, in the alternative, Ksh 200,000 cash in a joint interest account within 60 days

Reasoning

Although the applicants had not offered security in their application, the court exercised its discretion to grant the stay subject to a security condition, effectively curing the omission by building security into the order.

p. 4

Legal principles established

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  • The three conditions for stay of execution under Order 42 Rule 6 are conjunctive and an applicant must meet all of them

Court orders

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  1. 1.Stay of execution of the judgment delivered on 7th November 2024 granted pending appeal, but for only 200 days
  2. 2.Stay conditional on the applicants depositing security of the value of KSH 500,000 in court
  3. 3.In the alternative, a cash deposit of Ksh 200,000 in a joint account opened in a reputable bank in the names of counsel on record within the next 60 days
  4. 4.Costs of the application in the appeal

The bench

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

Wrote the judgment

Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules; the application is for stay of execution of this court's judgment pending appeal to the Court of Appeal

Relief refused

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Unlimited/indefinite stay of execution pending the hearing and determination of Appeal No. E146 of 2025

The court granted the stay only for a limited period of 200 days and on conditions of security

p. 4

Costs

Costs of the application in the appeal

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.

In upshot of the above, I do grant a stay of execution pending appeal but for only 200 days. This is on condition that the applicants deposit security of the value of KSH 500,000 in court.
p. 4Final orders - conditional stay of execution
On substantial loss, I do find that if evicted, the applicants will sufier substantial loss in terms of the schools being closed, and churches being closed and that the school going children will be irreparably afiected.
p. 4Substantial loss
The above conditions are conjunctive. That means that an applicant must meet all of them before an order of stay of execution can be granted.
p. 3Conjunctive conditions under Order 42 Rule 6

Issues in the judgment

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minor

Judgment contains conflicting dates for the delivery of the main judgment - paragraph 1 and 4 state 7th November 2024 while paragraph 14 states the judgment was delivered on 7th November 2025

minor

The judgment is undated on its face; the application is dated 26th February 2026, so the date of the ruling could only be inferred as after that 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, "Garissa Mattresses Ltd v Wamwandu & 5 others (Environment and Land Case 316 of 2014) [2026] KEELC 4364 (KLR)", Case Analysis (2026). Not stated in the judgment (relates to Appeal No. E146 of 2025, Court of Appeal, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4364/eng@2026-07-13

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