John Kennedy Matete v The Vice Chancellor (Administration) Kenyatta University & another
The bottom line
#A Kenyatta University employee won temporary protection from eviction pending appeal, but only if he keeps paying rent and clears all arrears within 60 days.
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 appeal would be rendered nugatory if the restraining orders are not granted
- 2.Whether the Applicant has met the threshold for grant of a temporary injunction
- 3.Who bears the costs
Key legal issues
#Whether to grant stay/injunction pending appeal against eviction and distress for rent arrears
Stay granted conditionally to avoid rendering the appeal nugatory, conditioned on payment of rent and arrears within 60 days
The court noted the applicant had filed an appeal against the judgment of Rutto J dismissing his claim. To preserve the substratum of the appeal, the court granted stay but conditioned it on the applicant continuing to pay rent and clearing accrued arrears, with 60 days to pay, failing which the stay would be vacated.
Legal principles established
#- A stay of a court's judgment pending appeal may be granted conditionally, requiring the applicant to keep paying rent and clear accrued arrears, failing which the stay lapses
Court orders
#- 1.Stay orders granted restraining the Respondents from evicting the Applicant from House No. 12 Uganda Crescent pending appeal, on condition that the Applicant continues to pay rent when due and pays all accrued rent arrears
- 2.Applicant given 60 days to pay off the arrears, in default of which the stay orders stand vacated
- 3.Costs to abide the outcome of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Inherent jurisdiction of the ELRC to grant stay of its own judgment pending appeal (Order 42 Rule 6(2) Civil Procedure Rules applied mutatis mutandis)
Relief refused
#Unconditional stay/injunction without payment of arrears
Stay granted only conditionally on continued payment of rent and clearance of arrears
Costs
Costs to abide the outcome of the appeal
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.
In order to avoid a situation where the appeal if it succeeds shall be rendered nugatory, I will allow the stay orders only on condition that the applicant continues to pay rent in house no 12 Uganda Crescent when due and all rent arrears that have accrued pending the hearing and determination of the appeal.
The applicant has 60 days to pay off as expected and in default the stay orders will stand vacated. Costs to abide the outcome of the appeal.
Issues in the judgment
#Application dated 17th March 2026 but supporting affidavit sworn same date while replying affidavit sworn 22nd June 2026 and Tribunal ruling 9th April 2026 - chronology internally consistent but dates appear anomalous relative to cause number year
Judgment described as delivered by Rutto J in the same cause now before Wasilwa J
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Kennedy Matete v The Vice Chancellor (Administration) Kenyatta University & another", Case Analysis (2026). ELRC Cause No. E015 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2768/eng@2026-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.