Kenya Railways Corporation v Aluminium Extruders Ltd (Environment and Land Appeal E011 of 2026) [2026] KEELC 4598 (KLR)

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

1. 1.Whether this Court has jurisdiction to entertain the appeal, and hence to grant ancillary relief, in view of the Respondent's objection that a decision on a Complaint is not appealable.
2. 2.Whether the deponent Stanley Gitari has locus standi to swear the Supporting Affidavit on behalf of the Appellant.
3. 3.Whether the impugned Ruling — being a Ruling dismissing a Preliminary Objection — is a 'negative order' incapable of stay, and, if not, whether the Appellant has satisfied the trilogy of conditions for the grant of a stay of proceedings pending appeal.
4. 4.What orders ought to issue, and as to costs.

• A ruling of the Business Premises Rent Tribunal dismissing a jurisdictional preliminary objection is a ruling on a point of law and is appealable under section 15(1) of Cap. 301.
• An officer of a corporation is presumed to have authority to swear an affidavit on its behalf unless the contrary is shown by evidence, not bare denial.
• A stay of proceedings and a stay of execution are governed by different considerations, and a stay of proceedings may lie even where the impugned ruling is a negative order incapable of execution.
• Where an appeal turns on jurisdiction, allowing the lower tribunal to proceed may render the appeal nugatory even absent a decretal sum, because proceedings taken without jurisdiction are a nullity.
• A stay of proceedings is a grave step to be taken sparingly, but it is not closed to a negative-order applicant; rather the applicant must show with particular clarity the mischief a stay would prevent.

1. 1.The Notice of Motion dated 19th March 2026 is allowed in part.
2. 2.A stay of the hearing on the merits of the Complaint in Mombasa BPRT Case No. E162 of 2025 pending the hearing and determination of the appeal; the Tribunal shall not receive evidence on the substantive Complaint nor make any final orders thereon pending that determination.
3. 3.The stay shall not displace interim preservative orders already made by the Tribunal; the Appellant is restrained pending the appeal from levying distress against the Respondent or taking any step in eviction outside the process of the law.
4. 4.As security under Order 42 Rule 6(2)(b), the Respondent shall deposit the monthly rent falling due under the Lease into a joint interest-earning account in the names of Hassan Alawi & Company Advocates and Mogaka Omwenga & Mabeya Advocates within seven days of each month's rent falling due; the account to be opened within fourteen days; funds to abide the outcome of the appeal.
5. 5.The Appellant shall file and serve the Record of Appeal within thirty (30) days; the Appellant's submissions within fourteen (14) days of service of the Record; the Respondent's submissions within twenty-one (21) days of service of the Appellant's submissions; mention on 3rd November 2026 for confirmation of compliance and fixing of a Judgment date.
6. 6.In the event of default in the timelines or failure to prosecute the appeal with due diligence, the stay shall lapse of its own force and the Tribunal shall be at liberty to proceed with the Complaint on the merits.
7. 7.Costs of the Application shall be in the cause.

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

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.