Registered Trustees of Moi University Pension Scheme v Attorney General & 4 others
The bottom line
#The Environment and Land Court paused a land title cancellation, but only after the losing party deposited Kshs. 5 million as security.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant demonstrated substantial loss
Substantial loss demonstrated because execution would cancel the applicant's title and destroy the subject matter of the appeal
The court perused the judgment of 30.04.2026 and noted that Order No. 5 directed the County Land Registrar to cancel the applicant's title to Block 7/320 and revert it to the plaintiff. If executed, the subject matter of the intended appeal would cease to exist and the plaintiff could develop the land, physically altering the status quo pending appeal.
Whether the application was filed without unreasonable delay
Filed within 14 days of judgment; no inordinate delay
Judgment was delivered on 30th April 2026 and the application filed on 14th May 2026, a period of 14 days. The court found the application was filed promptly and timeously, satisfying the second condition under Order 42 Rule 6(2).
Whether security for costs was provided
Stay granted on condition the applicant deposits Kshs. 5 million as security within 30 days
The applicant had not expressed willingness to deposit security, but the court exercised its discretion in its favour, imposing a condition of Kshs. 5 million, rejecting the plaintiff's proposed Kshs. 15 million as exorbitant. Failure to comply would cause the stay to lapse automatically.
Legal principles established
#- No appeal operates as an automatic stay; stay preserves the substratum of the appeal and prevents it being rendered nugatory.
- Substantial loss means real loss of worth or value, not nominal loss, and must be demonstrated, not merely alleged.
- Security under Order 42 guarantees due performance of the decree, not punishment of the judgment debtor.
Court orders
#- 1.An order of stay of execution issued staying the judgment delivered on 30th April, 2026 and the subsequent decree pending the hearing and determination of the appeal to the Court of Appeal.
- 2.The 4th Defendant/Applicant directed to deposit Kshs. 5,000,000/= in court or in a Joint Bank Account held in the names of the Advocates for the 4th Defendant and for the Plaintiff as security for costs for the due performance of the decree within 30 days from the date of the Ruling.
- 3.Failure by the applicant to comply with order (b), order (a) shall automatically lapse.
- 4.Each party to bear their own costs of the Application.
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the Environment and Land Court Act; application under Order 42 Rule 6(2) of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Registered Trustees of Moi University Pension Scheme v Attorney General & 4 others", Case Analysis (2026). Environment and Land Case 89 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6108/eng@2026-10-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.