Sammy v Kibuia (Environment and Land Appeal E016 of 2025) [2026] KEELC 375 (KLR) (28 January 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 375
- Citation
- [2026] KEELC 375 (KLR)
- Decided
- 28 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks an order of stay of execution pending the hearing and disposal of the appeal.CoramBM EBOSO
Holding
The application is dismissed as the applicant has not satisfied the criteria for granting an order of stay of execution and has not provided security.
Facts
The applicant, Mwithi Peter Sammy, sought an order of stay of execution of a judgment dated 30/11/2022 in Marimanti PMC E&L Case No E005 of 2020. The respondent, Simon Murauki Kibuia, opposed the application, citing inordinate delay and lack of merit in the appeal.
Issues
- Whether the application meets the criteria for granting an order of stay of execution under Order 42 rule 6 (2) of the Civil Procedure Rules.
- Whether the applicant has satisfied the requirement for security.
Reasoning
The court found that the applicant did not provide evidence of substantial loss and unreasonable delay, and did not offer security as required by the Civil Procedure Rules.
Outcome
The application is dismissed.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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