REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA
ELCA NO E008 OF 2026
NYAKIO NJOROGE...............................................................APPELLANT
VERSUS
JAMES NJOROGE WAINAINA..........................................RESPONDENT
RULING:
In the Application dated 7/5/2026, the Appellant prays for a stay of execution of the Ruling delivered on 12/6/2025 in Naivasha MCCC No. 337 of 1988. In the said suit, the Respondent herein had sought the following: -
1. A Declaration that the proceedings and award by the council of elders over the suit property on the 25/5/1990 was null and void ab initio for want of jurisdiction.
2. A Declaration that the Plaintiff (Respondent) is lawfully registered and entitled to exclusive quiet and peaceful enjoyment of all that parcel of land known ads NYANDARUA/NDEMI/1213.
3. A permanent order of eviction, evicting the Plaintiff (Respondent) from the suit land.
4. An order directing the OCS Miharati Police Station to ensure compliance with Order (3) above.
5. A permanent order of injunction do issue restraining the Plaintiff (Respondent), his agents, employees or anyone exercising delegated authority from trespassing, occupying, interfering with quiet possession and/or otherwise dealing in any manner with the suit land.
6. Costs of the suit.
The lower Court, Abdulqadir Larot Chief Magistrate, gave a Judgment on 12/6/2025 as follows: -
“.......this Court has been functus officio howsoever constituted, in dealing with this matter. The minute the award was adopted as Judgment of the Court, the options for the Defendant remained 3: -
1. To pursue an Appeal to the Provincial Appeals Committee under the now repealed Land Disputes Tribunal Act within 30 days.
2. Judicial review before the High Court (then) for orders of mandamus, certiorari or prohibition.
3. Accept the outcome and move on.
But that does not set aside the Judgment of the Court that adopted the award of the elders..............................There was no leave granted to file the Defence alluded to by the Defendant. There is therefore no counter-claim before me..............I now direct that this matter reverts to the position where the award of elders was made and adopted as Judgment of the Court and an order issued in that behalf as 10/5/1991. Each party will bear their own costs and this Court is now functus officio…………..”
The grounds for the Application of the Appellant are that: -
a. There is an Appeal on record.
b. The Respondent is in the process of executing the said Ruling and the Appellant’s Appeal will be defeated or declared nugatory should the Respondent herein proceed with the execution of the Judgment and Decree of the Honourable Court dated 12/6/2025.
c. The Appellant is aged 87 years of age, frail, sickly, wholly dependent on relatives for sustenance and unable to walk or manage her affairs without assistance and the Judgment herein has made her health condition worse.
d. That unless stay of execution is granted the Appellant stands to suffer substantial and irreparable loss as execution will deprive her of shelter, livelihood and the basic means of sustenance, thus rendering the intended Appeal nugatory and that the Respondent stands to suffer no prejudice should the orders sought be granted. The Applicant finally says she is ready to provide security.
The Respondent has not participated in the prosecution of this Application at all. The Application is therefore unopposed and I hereby grant the orders sought in the Appellant’s Application dated 7/5/2026 and order that the Record of Appeal be filed forthwith and the Appeal is heard within the next 90 days from the date hereof. Costs in the cause.
Ruling dated and signed at Nyandarua this 16th day of July, 2026.
MUGO KAMAU
JUDGE
In the presence of:
Samson……. C/A
Mr. Ojare.….…… for the Appellant.
N/A……… ….…. for the Respondent.
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