[2025] KEHC 9742 (KLR)

Parties

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

1. 1 Whether the applicants have satisfied the legal threshold for grant of stay of execution pending appeal.
2. 2 Whether the application was filed without unreasonable delay.
3. 3 Whether the applicants have demonstrated substantial loss if stay is not granted.

Ratio Decidendi

The court found that the application for stay of execution was filed without unreasonable delay, as it was made shortly after the lapse of the initial stay period. While the applicants' evidence of substantial loss was limited to apprehension of execution, the court considered the need to preserve the right of appeal and prevent the appeal from being rendered nugatory. The applicants offered to deposit half the decretal sum as security, which the court deemed sufficient. Balancing the interests of both parties, the court held that the threshold for stay of execution pending appeal was met, subject to the condition of depositing security.

Court Disposition

Application for stay of execution pending appeal allowed with conditions.

Orders

• Stay of execution granted on condition that the appellants deposit half of the decretal sum in a joint interest earning bank account in the names of both counsel within thirty days.
• The appellants to file and serve a record of appeal within thirty days from the date of the ruling.