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Case Brief · caselaw.co.ke
ELCAllowedELCA E006 of 2023

Jelimo & another v Chumba

Environment and Land Court of Kenya
29 September 2026
2,252 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan land court paused eviction proceedings, giving the losing party 15 days to file an appeal and deposit Kshs 15,000 as security.

What this practically means

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Executive summary

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The applicants, judgment debtors in an ELC land dispute decided against them on 10th February 2025, moved the court by Notice of Motion seeking stay of execution pending an intended appeal to the Court of Appeal, enlargement of time to file the stay application notwithstanding delay, and costs in the cause. They attributed the delay to their former advocate's failure to file the application despite instructions, and to the 1st applicant's illness as a hypertensive patient. The respondent opposed, contending the application was brought after inordinate and unexplained delay of over one year and that the applicants failed to prove substantial loss, absence of unreasonable delay, and security under Order 42 Rule 6(2). The court framed two issues: whether the conditions for stay of execution were established, and appeal out of time. Applying Butt, Kenya Shell, the Supreme Court decisions in Muya and Karani, Vishram Ravji Halai and Arun C Sharma, the court found substantial loss because execution would render the intended appeal nugatory, holding there is no greater loss than the loss of the right to be fairly heard. It found the delay justified as rational and plausible, and required security. The application was allowed: stay of execution issued subject to deposit of Kshs 15,000/= security within 15 days, failing which the stay and enlargement lapse automatically; time to file and serve the appeal was enlarged for fifteen days; and costs were to abide the outcome of the intended appeal. The case was closed.

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 established the conditions in respect of stay of execution of judgment and decree herein
  2. 2.whether the applicants have established the conditions in respect of appeal out of time

Key legal issues

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01

Substantial loss

Holding

Applicants demonstrated substantial loss because execution would render the intended appeal nugatory, depriving them of a fair hearing.

Reasoning

The court noted disputed ownership of property from which the other party seeks eviction, and that an appeal had been lodged at the Court of Appeal. It held there can be no greater loss than loss of the right to be fairly heard, satisfying the first requirement under Order 42 Rule 6(2).

p. 8
02

Unreasonable delay

Holding

The delay was justified by the former advocate's failure to act and the 1st applicant's illness; the reasons were rational and plausible.

Reasoning

Relying on Supreme Court authorities in Muya and Karani, the court held the focus is on justification rather than length of delay. The applicants' notice of appeal, request for proceedings and medical records demonstrated diligence and illness during the relevant period.

p. 10
03

Security for due performance

Holding

Applicants must deposit security of Kshs 15,000/= within 15 days as a condition of the stay.

Reasoning

Following Vishram Ravji Halai and Arun C Sharma, the court found that once substantial loss and justified delay were established, security for due performance of the decree was required, and fixed a modest deposit with automatic lapse on default.

p. 12

Legal principles established

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  • Substantial loss is the single most important consideration in determining whether a stay should issue.
  • The focus in inordinate delay is not the length of delay per se but the justification and reasons, which must be rational and plausible.
  • Security under Order 42 guarantees due performance of the decree and is not punitive.

Court orders

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  1. 1.An order of stay of execution of the judgment dated 10th February 2025 issued subject to the Applicants depositing in Court security of Kshs 15,000/= within 15 days, failing which the stay and enlargement of time lapse automatically
  2. 2.The time to file and serve the intended appeal is enlarged for the next fifteen days from the date of the ruling
  3. 3.Costs of the application to abide the outcome of the intended appeal
  4. 4.Case closed

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules 2010; Sections 1A, 1B, 3 and 3A of the Civil Procedure Act (Cap 21)

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.

An order of stay of execution of the judgment dated 10th February 2025 be issued subject to the Applicants depositing in Court security of Kshs 15,000/= (Kenya shillings fifteen thousand only) within 15 days of this date failure of which the stay of execution and enlargement of time to lapse automatically.
p. 12Final orders - stay of execution
The time to file and serve the intended appeal is enlarged for the next fifteen days from this date.
p. 13Final orders - extension of time
Costs of this application to abide the outcome of the intended appeal.
p. 13Final orders - costs
there can never be a greater loss, than the loss of the right to be fairly heard.
p. 8Substantial loss
the focus should not be on the length of the delay per se, but also on the justification and reasons, which in turn must be rational and plausible.
p. 9Inordinate delay

Issues in the judgment

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material

Application dated 13th March 2026 but delay described as over one year from February 2025 judgment; chronology inconsistent.

material

Medical tests dated 27th July 2023 predate the judgment of 10th February 2025 they are meant to explain delay for.

minor

1st applicant's gender stated inconsistently within the ruling.

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, "Jelimo & another v Chumba", Case Analysis (2026). ELCA E006 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6144/eng@2026-09-29

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