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ELCPartially AllowedELCLA E110 of 2025

Wesonga Jakoyah, Mutembei Marete Kigen Cheruiyot T/A Wesonga, Mutembei & Kigen Advocates v Monyaka Investments Limited

Environment and Land Court
21 September 2026
1,475 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Nairobi court reinstated temporary protection for tenants facing eviction, but only if they clear all rent arrears within ten days.

What this practically means

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Executive summary

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The Applicants, advocates in occupation of premises, appealed to the Environment and Land Court against a lower court ruling in MCELC 282 of 2025 ordering them to vacate. On 5th February 2026 the court granted status quo orders conditional on settling rental arrears within 15 days. The Applicants failed to comply, and the orders lapsed automatically on 20th February 2026. By Notice of Motion they sought reinstatement of the status quo orders pending the appeal and extension of the 15-day compliance period, attributing non-compliance to the Respondent's failure to bank cheques previously issued, which inflated the arrears figure. The Respondent opposed, contending the orders were clear and self-executing, that unbanked cheques do not amount to payment, and that no goodwill or deposit demonstrated commitment to settle arrears. The court framed two issues: whether sufficient cause existed to extend the status quo orders, and whether the 15-day compliance period should be extended. It held the Applicants should have sought extension before lapse, that the unbanked-cheque explanation was unconvincing, and that the arrears were undisputed. Recognising its power under Order 51 Rule 6 of the Civil Procedure Rules to extend time even after lapse, the court reinstated the status quo orders conditionally: the Respondent to issue a statement of account, the Applicants to settle all arrears within 10 days failing which the orders lapse automatically, and the Applicants to continue paying rent pending the appeal. Costs of the application abide the outcome of the appeal.

Questions the Court framed

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

  1. 1.Whether the Applicants have provided sufficient cause to extend the orders for status quo issued on the 5th February 2026
  2. 2.Whether the compliance period given of 15 days should be extended

Key legal issues

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01

Sufficient cause for extension of lapsed status quo orders

Holding

No sufficient cause established; the Applicants should have sought extension before lapse of the 15 days and showed no goodwill in settling arrears

Reasoning

The status quo orders were conditional on settling rental arrears within 15 days. The Applicants knew of the condition, failed to comply, and the orders lapsed automatically on 20th February 2026. The explanation that the Respondent failed to bank cheques was unconvincing, as unbanked cheques do not amount to payment, and no sums were deposited to demonstrate commitment.

p. 6
02

Nature and purpose of interim status quo orders

Holding

Status quo orders preserve the subject matter pending determination and confer no proprietary or possessory rights

Reasoning

The court articulated the purpose of interim orders: to preserve the subject matter and prevent actions that would render the eventual determination nugatory. Such orders do not determine rights, which explains why reinstatement could be granted on fresh conditions without prejudicing the appeal.

p. 6
03

Landlord's entitlement to vacant possession upon valid termination notice

Holding

The Respondent, having obtained an order to vacate in the lower court, is entitled to vacant possession; the arrears owed are undisputed

Reasoning

The sufficiency of the termination notice was dealt with by the lower court in MCELC 282 of 2025, where the Applicants were ordered to vacate, prompting this appeal. The court noted the arrears are undisputed and the Applicants remained in occupation after a requested 6-month notice period had lapsed without settling any arrears.

p. 6

Legal principles established

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  • An interim status quo order preserves the subject matter of proceedings, determines no rights and confers no proprietary or possessory rights
  • Under Order 51 Rule 6 of the Civil Procedure Rules the court may extend time for compliance with its orders even after the time has lapsed

Court orders

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  1. 1.The status quo orders issued on 5th February 2026 are reinstated conditional on terms
  2. 2.The Respondent is to provide a statement of account to the Applicants who are to settle all the arrears within the next ten (10) days failure to which the status quo orders shall automatically lapse
  3. 3.The Applicants are to continue paying rent pending the determination of this appeal
  4. 4.Costs of the application shall abide the outcome of the appeal

The bench

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

Wrote the judgment

On appeal from
Lower court (Chief Magistrate's Court, MCELC 282 of 2025)
MCELC 282 of 2025
Jurisdiction invoked
Appeal to the Environment and Land Court; inherent and statutory power under Order 51 Rule 6 of the Civil Procedure Rules to extend time for compliance with its orders

Relief refused

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Unconditional reinstatement of status quo orders

Reinstatement granted only on conditions; the excuse of unbanked cheques was unconvincing and no goodwill in settling arrears was shown

p. 6

Extension of the original 15-day compliance period as sought

Court substituted a fresh 10-day conditional compliance period rather than extending the lapsed 15 days

p. 6

Costs

Costs of the application shall abide the outcome of the appeal.

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.

The purpose of an interim status quo order is to preserve the subject matter of proceedings pending hearing of the parties and determination of the issues raised before the Court.
p. 6purpose of interim status quo orders
Such an order is not a determination of the rights of the parties and does not confer any proprietary or possessory rights upon either party.
p. 6interim orders confer no rights
Under Order 51 Rule 6 of the Civil Procedure Rules, the court has power to extend time within which its orders ought to have been complied even after the lapse of the time.
p. 6power to extend time after lapse
That the status quo orders issued on the 5th February 2026 are hereby reinstated conditional on the following terms;
p. 7final orders - reinstatement
That the Respondent is to provide a statement of account to the Applicants who are to settle all the arrears within the next ten (10) days failure to which the status quo orders shall automatically lapse.
p. 7final orders - conditional compliance

Issues in the judgment

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minor

Application date stated inconsistently

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, "Wesonga Jakoyah, Mutembei Marete Kigen Cheruiyot T/A Wesonga, Mutembei & Kigen Advocates v Monyaka Investments Limited", Case Analysis (2026). ELCLA E110 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6090/eng@2026-09-21

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