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ELCStruck OutEnvironment and Land Case 60 of 2021

Rono (As Legal Representative of Monica Jepwambok Ronoh) v Kipkosgei & 5 others

Environment and Land Court at Kapsabet
22 September 2026
1,824 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court at Kapsabet struck out a landowner's bid to pause a costs ruling because her appeal was already before the Court of Appeal.

What this practically means

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Executive summary

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By a Notice of Motion dated 7th March 2026, the Applicant, whose land suit had been dismissed with costs to the Defendants by judgment of 27th January 2025, sought vacation of the 1st and 2nd Respondents' Bill of Costs ruling, a stay of taxation pending her intended appeal, and an order for service of the Bill of Costs. She argued that taxing the Bill before the appeal was determined would render the appeal nugatory and expose her to execution for sums possibly not due. The 1st and 2nd Respondents opposed, noting the appeal concerned status quo only, that no stay order existed, and that costs follow the event following dismissal of the suit. The Court set out the established requirements for stay of proceedings, including that an appeal be pending, that the applicant explain why stay was not sought in the higher court, and that the appeal be arguable and rendered nugatory absent stay. It noted the Applicant had filed Court of Appeal Civil Application No. E011 of 2025, compromised by a consent maintaining the 1st Defendant's occupation and barring transfer of title, with no order as to costs, and that she had conspicuously failed to seek stay of execution there. Holding that the consent order preserved the subject matter, and that it would be unfair for the trial court and the Court of Appeal to hear related applications simultaneously, the Court concluded it was devoid of jurisdiction as the Court of Appeal was seized of the matter. The application was struck out with no orders as to costs.

Questions the Court framed

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

  1. 1.Whether the Applicant met the threshold for stay of the taxation of the 1st and 2nd Respondents' Bill of Costs pending appeal
  2. 2.Whether this Court is the proper forum for the application given the pending appeal at the Court of Appeal
  3. 3.Whether the Court has jurisdiction over the application

Key legal issues

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01

Whether the ELC could entertain an application for stay of taxation of costs where an appeal is pending in the Court of Appeal

Holding

The Court held it was devoid of jurisdiction because the Court of Appeal is seized of the matter, and it would be unfair for both courts to hear related applications simultaneously

Reasoning

The Applicant had filed Court of Appeal Civil Application No. E011 of 2025, compromised by a consent preserving status quo. The Court reasoned that jurisdiction flows from the Constitution or statute, and that parallel proceedings in the trial court and appellate court over the same matter are undesirable, citing Goldenberg vs Kilachi.

p. 4
02

Whether the consent order at the Court of Appeal preserved the subject matter such that stay of taxation was unnecessary

Holding

Yes; the consent order was intentionally limited to occupation by the 1st Defendant and preserved the subject matter of the appeal

Reasoning

The Court noted the consent only maintained the 1st Defendant's occupation and barred transfer of title pending appeal; it did not address costs. The Court found the status quo order sufficient to preserve the subject matter, and noted the Applicant had conspicuously failed to seek stay of execution in the Court of Appeal application.

p. 4

Legal principles established

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  • A court's jurisdiction flows only from the Constitution or legislation
  • Lack of jurisdiction renders a decision void, not merely voidable
  • Stay of proceedings is a radical measure granted only in the most deserving cases

Court orders

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  1. 1.The application dated March 2026 be and is hereby struck out with no orders as to costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Environment and Land Court jurisdiction under the Environment and Land Court Act; court held it was devoid of jurisdiction as the Court of Appeal is seized of the matter

Relief refused

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Vacation of the 1st and 2nd Respondents' Bill of Costs ruling slated for 15th April 2026

Court held it lacked jurisdiction as the Court of Appeal is seized of the matter

p. 4

Stay of taxation of the Bill of Costs pending the intended appeal

Applicant failed to satisfy the stay-of-proceedings threshold; status quo consent order already preserves the subject matter

p. 3

Order that the Applicant be served with the Bill of Costs to respond

Fell with the striking out of the application

p. 4

Costs

No orders as to costs

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.

Thus, the application dated March 2026 be and is hereby struck out with no orders as to costs.
p. 4disposition
this Honourable Court is devoid of jurisdiction over the instant application as the Court of Appeal is seized of the matter
p. 4jurisdiction
the status quo order that was given by the consent ruling at the Court of Appeal, operates to preserve the subject matter of the appeal
p. 3effect of consent orders
stay of proceedings is a radical measure which is only exercised in the most deserving cases
p. 2stay of proceedings

Issues in the judgment

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material

Court finds it lacks jurisdiction yet proceeds to strike out the application on the merits

minor

Judgment refers to Respondents as '1st and 2nd Respondents' while the cause lists defendants

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, "Rono (As Legal Representative of Monica Jepwambok Ronoh) v Kipkosgei & 5 others", Case Analysis (2026). Environment and Land Case 60 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5880/eng@2026-09-22

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