Jane Mukeya Kiiabi v Stephen Ochieng Mukhuna & Anthony Mungoma Mukhwana
The bottom line
#The Environment and Land Court in Kakamega refused to pause an eviction, ruling that facing lawful execution is not enough to justify a stay pending appeal.
What this practically means
#Executive summary
#Key legal issues
#Threshold for stay of execution pending appeal under Order 42 Rule 6
Application dismissed; no substantial loss demonstrated since the applicant abandoned her adverse possession claim and has no claim over land registered in the respondent's name
The court restated the Order 42 Rule 6 requirements: substantial loss, application without unreasonable delay, and security. It found the applicant's only alleged loss was eviction lawfully ordered by the trial court. Having abandoned her adverse possession claim, her continued occupation of land registered in the respondent's name had no bearing, so no arguable appeal or specific substantial loss was shown.
Legal principles established
#- Imminent execution alone cannot justify stay pending appeal; the applicant must show substantial loss, absence of unreasonable delay and willingness to furnish security
Court orders
#- 1.Dismissal of the notice of motion dated 31st October 2025 with costs
- On appeal from
- Kakamega Magistrates' Court (MCELC)
- MCELC No. E221 of 2023
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jane Mukeya Kiiabi v Stephen Ochieng Mukhuna & Anthony Mungoma Mukhwana", Case Analysis (2026). ELC Appeal No. E099 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6083/eng@2026-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.