REPUBLIC OF KENYA IN THE ENVIRONMNENT AND LAND COURT AT NAIROBI ELC CIVIL SUIT NO. 178 OF 2009 MOROP DISTRIBUTORS (K) LIMITED ……….……. 1ST PLAINTIFF JOHN GATHAMA MAINGI – REGENT AUTOMOBILE VALUERS AND ASSESSORS LTD ……………….…… 2ND PLAINTIFF VERSUS NAIROBI COUNTY GOVERNMENT (CITY COUNTY OF NAIROBI) ………………..……… 1ST DEFENDANT JOB KIPNANDI CHEBON ………………….………… 2ND DEFENDANT N.K BROTHERS LIMITED ……………………….….. 3RD DEFENDANT ATTORNEY GENERAL ……………………….……….. 4TH DEFENDANT ELC CIVIL SUIT NO. 178 OF 2009 Page 1 of 5 Ruling
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STEP AHEAD LIMITED ……………………………..… 5TH DEFENDANT RULING 1. What is before the court for determination is the 1 st Plaintiff’s Notice of Motion dated 13th February 2026 in which it seeks the following Orders: a) Spent. b) That there be a stay of further proceedings in ELC Case No. 178 of 2009 at Milimani-Nairobi pending the hearing and determination of the application dated 5th December 2025 for stay of proceedings pending in the Court of Appeal in Civil Appeal No. E418 OF 2022 at Nairobi. c) That the costs of this application abide by the outcome of the said appeal. 2. The application is based on grounds on its face and on the supporting affidavit of Joyce Chesaro, Advocate in conduct of ELC CIVIL SUIT NO. 178 OF 2009 Page 2 of 5 Ruling
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the matter on behalf of the 1st Plaintiff. She avers that the 1st Plaintiff filed an Appeal, E418 of 2022 at Milimani challenging this court’s ruling dated 26 th May 2022, and that it also filed an application to stay proceedings herein, which is pending determination before the Court of Appeal. 3. The application was vehemently opposed and rival submissions were filed. 4. This Court takes judicial notice that this application is similar to the 1st Plaintiff’s application dated 5th December 2025, filed in Civil Appeal (Application) No. NAI E418 of 2022 which was indeed before the Court of Appeal. Further, on 29th May 2026, while this matter had been reserved for Ruling, the decision of the Court of Appeal was published on the Kenya Law Reports website in Morop Distributors (K) Limited v Maingi (Regent Automobile Valuers and Assessors Limited) & 5 Others [2026] KECA 973 (KLR). The Court of Appeal held as follows: ELC CIVIL SUIT NO. 178 OF 2009 Page 3 of 5 Ruling
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“Accordingly, we allow the applicant’s application dated 5th December 2025 and order that, pending the hearing and determination of Civil Appeal No. E418 of 2022, there shall be a stay of proceedings in Milimani Distributors ELC (K) No. Ltd 178 v of 2009, Morop Nairobi City County Government (formerly City Council of Nairobi) & Others. The costs of the application shall abide the outcome of the appeal.” 5. In view of the foregoing, and noting that these proceedings have been stayed by the Court of Appeal, this Court shall abide by the said decision. These proceedings shall remain stayed pending the hearing and determination of Civil Appeal No. E418 of 2022. DATED SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF JUNE, 2026 CHRISTINE OCHIENG JUDGE In the presence of: ELC CIVIL SUIT NO. 178 OF 2009 Page 4 of 5 Ruling
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Omolo for 2nd Plaintiff Ms Awandu holding brief for Were for 3rd Defendant Ms Chesaro for 1st Plaintiff Allan Kamau for 4th Defendant Court Assistant: Cherono ELC CIVIL SUIT NO. 178 OF 2009 Page 5 of 5 Ruling
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