Lawyer Cecil Miller has secured a significant interim victory after the Supreme Court of Kenya temporarily halted the execution of a Court of Appeal judgment in a long-running dispute over a Karen property valued at approximately Ksh 295.5 million.
In orders issued on May 28, 2026, the Supreme Court stayed further proceedings and execution of the Court of Appeal decision delivered on January 30, 2026, pending the hearing and determination of an application filed before it.
YOU ALSO MISSED: https://safinews.co.ke/education-cs-interior-and-other-stakeholders-expected-to-visit-utumishi-girls-school-tomorrow/
The 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 preserved until the matter is fully heard.
“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 stated.
The matter has since been placed before the Deputy Registrar of the Supreme Court for case management and further directions.
Case background
Court records show that the dispute dates back several years.
The High Court delivered its judgment on May 5, 2020, after which the matter proceeded to the Court of Appeal under Civil Appeal No. 224 of 2020, later consolidated with Appeals E166 and 174 of 2021.
The Court of Appeal delivered its judgment on January 30, 2026, followed by a ruling on May 8, 2026, which prompted the applicants to move to the Supreme Court under a certificate of urgency seeking protection from execution.
Petitioners’ application
Through their application dated May 18, 2026, filed by lawyer Cecil Miller, the petitioners argued that without interim orders they risked losing possession and control of the disputed property before the Supreme Court determines the matter.
They maintained that the stay was necessary to preserve the status quo and prevent irreversible actions pending the hearing and determination of the appeal.
Dispute over the property
Court filings indicate that the Karen property was used as security for a credit facility advanced in 1988.
The petitioners argue that the original loan was approximately Ksh 8 million, which was later tied to multiple properties and grew into a broader facility estimated at about Ksh 11 million.
READ ALSO: https://safinews.co.ke/kenya-is-positioning-itself-as-a-leading-digital-and-data-hub-in-africa/
They further claim that they repaid roughly Ksh 54 million over time, while alleging that interest rates applied by the lender ranged between 20 percent and 75 percent per annum.
The 24.5-acre property was later sold by private treaty in 2007 to Redmars Holdings Limited for about Ksh 60 million, despite a valuation report placing its market value at approximately Ksh 295.5 million at the time.
The petitioners accuse the lender and other parties of fraud, illegality, oppression, and conspiracy in the manner the sale was conducted, including claims that the transaction was structured to avoid competitive bidding through a public auction.
These allegations remain contested and will be determined by the Supreme Court.
Status
The Supreme Court’s orders effectively preserve the current position and suspend enforcement of the Court of Appeal judgment until the case is heard and conclusively determined.
The dispute now awaits mention before the Supreme Court for further directions and eventual hearing.