Supreme Court halts execution of appeal judgment in Sh295.5 million Karen land dispute
In orders issued on May 28, 2026, the apex court stayed the enforcement of the Court of Appeal's judgment delivered on January 30, 2026, pending the hearing and determination of an application filed before it by lawyer Cecil Miller on behalf of the petitioners.
The Supreme Court has temporarily halted the execution of a Court of Appeal judgment in a protracted dispute over a 24.5-acre property in Karen valued at approximately Sh295.5 million.
In orders issued on May 28, 2026, the apex court stayed the enforcement of the Court of Appeal’s judgment delivered on January 30, 2026, pending the hearing and determination of an application filed before it by lawyer Cecil Miller on behalf of the petitioners.
A five-judge bench comprising Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and Justices Smokin Wanjala, Isaac Lenaola and William Ouko directed that the status quo be maintained until the matter is fully heard and determined.
“Pending the hearing and determination of this application inter partes, an order does issue staying further proceedings with respect to, or execution of, the judgment and decree of the Court of Appeal,” the court ruled.
The matter has been referred to the Deputy Registrar of the Supreme Court for case management and further directions.
Court records show that the dispute has its roots in a credit facility advanced in 1988, for which the Karen property was used as security. According to the petitioners, the original loan stood at approximately Sh8 million before being expanded into a broader facility estimated at about Sh11 million and secured against multiple properties.
The petitioners contend that they repaid about Sh54 million over the years but claim the lender imposed interest rates ranging from 20 per cent to 75 per cent annually.
At the centre of the dispute is the sale of the property in 2007 to Redmars Holdings Limited through a private treaty for about Sh60 million. The petitioners argue that the property had been valued at approximately Sh295.5 million at the time of the sale.
They have accused the lender and other parties of fraud, illegality, oppression and conspiracy, alleging that the transaction was deliberately structured to avoid a competitive public auction. The respondents dispute the allegations.
The case was initially determined by the High Court on May 5, 2020, before proceeding to the Court of Appeal under Civil Appeal No. 224 of 2020, which was later consolidated with Appeals E166 and 174 of 2021. Following the appellate court’s judgment on January 30, 2026, and a subsequent ruling on May 8, 2026, the petitioners moved to the Supreme Court under a certificate of urgency seeking protection from execution.
They argued that without interim relief, they risked losing possession and control of the disputed property before the Supreme Court could hear and determine their appeal.
The Supreme Court’s orders effectively preserve the current status of the property and suspend enforcement of the Court of Appeal decision pending the hearing and determination of the case.
The matter is expected to be mentioned before the Supreme Court in the coming weeks for further directions and the scheduling of a substantive hearing.
