https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6047
The application for stay of execution was dismissed because the parties had already compromised the judgment through a consent on settlement that had not been varied, and the court found no exceptional basis to interfere with that agreement.
Source-derived case information.
- Citation
- [2026] KEHC 6047 (KLR)
- Parties
- 1st Appellant: Abiria Coaches Limited; 2nd Appellant: Paul Chege; Respondent: Lucy Wanjiru
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E091 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution
- Outcome
- Application dismissed with costs.
- Judges
- ["LP Kassan"]
- Legal Topics
- Stay of Execution, Consent Judgment, Variation of Consent, Settlement Agreement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abiria Coaches Limited
1st Appellant
Paul Chege
2nd Appellant
Lucy Wanjiru
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the court should grant stay of execution of the lower court judgment.
- 2 Whether the court can interfere with a consent entered into by the parties and left unvaried.
Ratio Decidendi
The application for stay of execution was dismissed because the parties had already compromised the judgment through a consent on settlement that had not been varied, and the court found no exceptional basis to interfere with that agreement.
Court Disposition
Application dismissed with costs.
Orders
- Stay of execution declined.
- Application dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Abiria Coaches Ltd & another v Wanjiru (Civil Appeal E091 of 2025) [2026] KEHC 6047 (KLR) (Civ) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 6047 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Civil Appeal E091 of 2025 LP Kassan, J May 7, 2026 Between Abiria Coaches Limited 1st Appellant Paul Chege 2nd Appellant and Lucy Wanjiru Respondent Ruling 1.This is a motion seeking orders amongst them, for stay of execution of a judgement which was rendered by the lower Court. The parties compromised the judgement and entered into a consent on settlement. This consent has not been varied. The Court cannot interfere with agreement entered freely by parties and so I choose to stick with the consent. There is nothing exceptional for me to deviate from what they agreed on. 2.The application is dismissed with costs. DATED DELIVERED VIRTUALLY AND SIGNED ON THIS 7TH DAY OF MAY 2026.L. P. KASSANJUDGE