Abondi v Chabrin Agency & 2 others (Environment and Land Appeal E260 of 2025) [2026] KEELC 4407 (KLR)
The bottom line
#A Kenyan court refused to pause eviction orders because the tenant had already paid the arrears and moved out, making the request pointless.
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 application has been overtaken by events and if the answer is in the negative then the other issue is whether the application is merited
Key legal issues
#Whether the stay application was overtaken by events
The application failed because the arrears had been settled and the applicant had vacated the premises, and she had not prosecuted the application despite service.
The applicant admitted arrears of Kshs 117,600 but could not settle them within 90 days; however, by the time of the replying affidavit sworn in April 2026 she had settled all arrears and vacated. Citing Raphael Kakene Muloki, the court held that issuing orders where a matter is overtaken by events would be orders in vain. The applicant also failed to attend court sessions or prosecute the application, indicating loss of interest. The application therefore failed.
Costs of the application
The 1st respondent was entitled to costs as costs follow the event under the proviso to section 27 of the Civil Procedure Act.
Applying the general rule that costs follow the event unless the court is satisfied otherwise, and having found the application overtaken by events, the court held the 1st respondent entitled to the costs of defending the application.
Legal principles established
#- Where an application has been overtaken by events, issuing the orders sought would be tantamount to issuing orders in vain.
- Costs follow the event in accordance with the proviso to section 27 of the Civil Procedure Act unless the court is satisfied otherwise.
Court orders
#- 1.The Notice of Motion application dated 4th December 2025 is hereby dismissed.
- 2.Costs to the 1st Respondent.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Rent Restriction Tribunal
- RRC/E1422/2025
- Jurisdiction invoked
- Inherent jurisdiction to grant stay of execution pending appeal from the Rent Restriction Tribunal (appeal ELCLA E260 of 2025)
Relief refused
#Stay of execution of the orders issued on 12th November 2025 in RRC/E1422/2025 pending appeal
Application overtaken by events; the applicant had settled the arrears and vacated the premises
Stay of distress for rent and auction of the applicant's household goods
The dispute had been settled and issuing orders would be in vain
Restraint against eviction, harassment or interference with quiet possession of the suit premises pending appeal
Same - application failed as overtaken by events
90 days to clear outstanding rent arrears of Kshs 117,600
The applicant had already cleared the arrears and vacated the premises
Costs
Costs to the 1st Respondent.
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.
I find that the application has been overtaken by events and therefore fails.
where an application has been overtaken by events, issuance of the orders sought therein would be tantamount to issuing orders in vain.
i. The Notice of Motion application dated 4th December 2025 is hereby dismissed. ii. Costs to the 1st Respondent.
Issues in the judgment
#Replying affidavit dates are inconsistent within the judgment
Respondent's submissions stated to be dated 27th April 2026, a date after the affidavit dates but within proceedings - internal chronology appears anomalous relative to the 2025 application date and 2026 delivery date
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abondi v Chabrin Agency & 2 others (Environment and Land Appeal E260 of 2025) [2026] KEELC 4407 (KLR)", Case Analysis (2026). ELCLA E260 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4407/eng@2026-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.