Makau v Munyao & another (Environment and Land Appeal E021 of 2026) [2026] KEELC 4919 (KLR)
The bottom line
#A Kenyan landowner who appealed a failed preliminary objection could not pause the trial or block his brothers from the disputed land, because appeals do not automatically freeze cases.
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 Applicant has met the threshold for stay of proceedings
- 2.Whether the Applicant has met the threshold for grant of injunction
Key legal issues
#Stay of proceedings pending appeal
Refused; the Applicant did not meet the Re Global Tours and Travel Ltd threshold
The court adopted the test in Re Global Tours and Travel Ltd for stay of proceedings, holding it is a discretionary remedy granted sparingly. The Applicant failed to demonstrate any of the enumerated grounds, and the court found no basis to halt the trial court proceedings pending the appeal against dismissal of his preliminary objection.
Injunction pending appeal
Refused; no prima facie case and no nugatory appeal demonstrated
Applying the twin requirements of a prima facie case and the appeal being rendered nugatory, the court found the Applicant, who relies on his registration as proprietor challenged on grounds of customary trust and fraud, had not established a prima facie case, and that the appeal would survive the trial court hearing.
Legal principles established
#- Stay of proceedings is a discretionary remedy granted sparingly, on the grounds set out in Re Global Tours and Travel Ltd
- An applicant for stay of proceedings or injunction must demonstrate a strong arguable case and that the appeal will be rendered nugatory absent the orders
Court orders
#- 1.The notice of motion dated 2nd July 2026 seeking stay of proceedings and injunction is dismissed
- 2.Costs of the application to the Respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Magistrates' Court (Makueni ELC E002 of 2026)
- ELC E002 of 2026
- Jurisdiction invoked
- Appellate jurisdiction of the Environment and Land Court over the appeal against the ruling dismissing the Appellant's preliminary objection
Relief refused
#Stay of proceedings in Makueni ELC E002 of 2026 pending appeal
Applicant did not demonstrate the grounds for stay set out in Re Global Tours and Travel Ltd
Injunction restraining interference with Makueni/Kasunguni/1539, 1549 and 1551
No prima facie case demonstrated and the appeal would not be rendered nugatory if the trial proceeds
Costs
Application dismissed with costs to the Respondents
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.
Stay of proceedings is a discretionary remedy which is granted sparingly.
I therefore find that the Applicant’s application is devoid of merit. The same is dismissed with costs to the Respondents. It is so ordered.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makau v Munyao & another (Environment and Land Appeal E021 of 2026) [2026] KEELC 4919 (KLR)", Case Analysis (2026). ELC Appeal No. E021 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4919/eng@2026-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.