Rono (As Legal Representative of Monica Jepwambok Ronoh) v Kipkosgei & 5 others
The bottom line
#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
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicant met the threshold for stay of the taxation of the 1st and 2nd Respondents' Bill of Costs pending appeal
- 2.Whether this Court is the proper forum for the application given the pending appeal at the Court of Appeal
- 3.Whether the Court has jurisdiction over the application
Key legal issues
#Whether the ELC could entertain an application for stay of taxation of costs where an appeal is pending in the Court of Appeal
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
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.
Whether the consent order at the Court of Appeal preserved the subject matter such that stay of taxation was unnecessary
Yes; the consent order was intentionally limited to occupation by the 1st Defendant and preserved the subject matter of the appeal
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.
Legal principles established
#- 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
#- 1.The application dated March 2026 be and is hereby struck out with no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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
#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
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
Order that the Applicant be served with the Bill of Costs to respond
Fell with the striking out of the application
Costs
No orders as to costs
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.
Thus, the application dated March 2026 be and is hereby struck out with no orders as to costs.
this Honourable Court is devoid of jurisdiction over the instant application as the Court of Appeal is seized of the matter
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
stay of proceedings is a radical measure which is only exercised in the most deserving cases
Issues in the judgment
#Court finds it lacks jurisdiction yet proceeds to strike out the application on the merits
Judgment refers to Respondents as '1st and 2nd Respondents' while the cause lists defendants
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.