The judges made it clear that no further action should be taken at the lower court for now.
“Pending the hearing and determination of the appeal, the status quo shall be maintained, meaning that there shall be no taking of a plea or other proceedings at the magistrates’ court,” the judges ruled in their directive.
This order effectively pauses the criminal case that had been scheduled to proceed before a magistrate at the Milimani courts.
As a result, the lawyer will not be required to take a plea or participate in any other proceedings until the appellate court makes its final decision.
The dispute has drawn attention due to the high value of the land involved and the individuals connected to the matter.
The Karen area is known for its large residential properties and has long been considered one of Nairobi’s most exclusive neighborhoods.
At the center of the case are allegations tied to the handling of the estate of a British billionaire whose property interests include the contested land.
The complaint filed by Kagure led to criminal proceedings being initiated against Spencer Elms.
However, the lawyer moved to the Court of Appeal seeking orders to stop the proceedings, arguing that certain issues needed to be reviewed before the case could move forward in the lower court.
By granting the order to maintain the status quo, the appellate judges have given both sides time to present their arguments before the court decides whether the criminal proceedings should continue.
Legal experts say such orders are sometimes issued when a higher court believes that allowing the lower court process to continue could complicate or interfere with the appeal being considered.