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ELCAllowedNot stated in the judgment

Kalunge v Muthuri & 3 others (Land Case Appeal E066 of 2026) [2026] KEELC 5052 (KLR)

Environment and Land Court
21 July 2026
BEB M Eboso
177 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court at Meru paused implementation of a lower court order relying on a surveyor's report until the appeal is decided.

What this practically means

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Executive summary

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This is a brief ex tempore-style ruling by the Environment and Land Court at Meru (B M Eboso, ELC Judge) on a notice of motion dated 17/6/2026 filed by the appellant in a pending appeal. The appellant sought a stay of implementation of the order of the lower court made on 20/8/2025, which had directed reliance on a surveyor's report dated 30/9/2025. The 1st respondent filed a response but, through counsel, informed the court that he did not oppose the stay pending the hearing and disposal of the appeal; the Attorney General likewise did not oppose the stay. On that unopposed basis, the court granted a stay of implementation of the lower court's order of 20/8/2025 pending disposal of the appeal, ordered that costs of the application be in the appeal, and marked the application disposed of accordingly. No authorities were cited and no reasons were given beyond the parties' non-opposition. The ruling does not name the parties or the case number, and it contains an apparent typographical error ('20/89/2025' against '20/8/2025') which is flagged in the data quality notes.

Questions the Court framed

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

  1. 1.Whether to stay implementation of the lower court's order dated 20/8/2025 on reliance on the surveyor's report dated 30/9/2025 pending the hearing and disposal of the appeal

Key legal issues

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01

Whether a stay of implementation of the lower court's order should issue pending appeal

Holding

A stay of implementation of the lower court's order dated 20/8/2025 was granted pending disposal of the appeal, by consent since no party opposed the application.

Reasoning

The 1st respondent's counsel informed the court that he did not oppose the plea for stay of implementation pending the hearing and disposal of the appeal, and the Attorney General also did not oppose it. On that basis, and without any contested hearing on the merits of the stay, the court granted the stay of implementation of the lower court's order, ordered the application's costs to be in the appeal, and marked the application disposed of.

p. 1

Legal principles established

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    Court orders

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    1. 1.A stay of implementation of the order of the lower court made on 20/8/2025, pending the disposal of the appeal
    2. 2.Costs of the application dated 17/6/2026 to be in the appeal
    3. 3.The application marked disposed of in the stated terms

    The bench

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

    BE
    majority

    Wrote the judgment

    Jurisdiction invoked
    Not stated; inherent/appellate jurisdiction of the Environment and Land Court over an appeal pending before it

    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 the circumstances, there shall be a stay of implementation of the order of the lower court made on 20/8/2025, pending the disposal of this appeal.
    p. 1stay of implementation granted pending appeal
    Costs of the application dated 17/6/2026 shall be in the appeal. The application is marked disposed in the above terms.
    p. 1final orders and costs

    Issues in the judgment

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    minor

    Internal date inconsistency: the motion paragraph records the lower court order as dated '20/89/2025', an impossible date, while the operative order refers to '20/8/2025'.

    material

    The parties are not named anywhere in the ruling; only their roles (appellant, 1st respondent, 2nd-4th respondents) appear, and no case number is stated.

    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, "Kalunge v Muthuri & 3 others (Land Case Appeal E066 of 2026) [2026] KEELC 5052 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5052/eng@2026-07-21

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