[2000] KEHC 119 (KLR)
The court found that the applicant had demonstrated sufficient grounds for the grant of a stay of execution pending appeal. The absence of opposition from the respondent, coupled with the fact that the decretal sum would be paid from public funds and the respondent's inability to refund if the appeal succeeded,...
Source-derived case information.
- Citation
- [2000] KEHC 119 (KLR)
- Parties
- Applicant: Attorney General; Respondent: Joseph Nzuki Kasyuki
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 316 of ??
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed; stay of execution granted pending appeal
- Legal Topics
- Stay of Execution, Pending Appeal, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
Joseph Nzuki Kasyuki
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether a stay of execution should be granted pending appeal.
- 2 Whether the respondent would be able to refund the decretal sum if the appeal succeeds.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds for the grant of a stay of execution pending appeal. The absence of opposition from the respondent, coupled with the fact that the decretal sum would be paid from public funds and the respondent's inability to refund if the appeal succeeded, justified the grant of the stay. The Government's capacity to pay if the appeal was dismissed further supported the application. Accordingly, the court allowed the application and granted a stay of execution in terms of prayer 1 of the application, with costs in the appeal.
Court Disposition
application allowed; stay of execution granted pending appeal
Orders
- An order of stay of execution is granted in terms of prayer 1 of the application.
- Costs to be in the appeal.
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT NAIROBI MISC APPL NO. 316 OF 2000 ATTORNEY GENERAL........................................................APPLICANT VERSUS JOSEPH NZUKI KASYUKI.................................. RESPONDENT RULING
Respondents Counsel has not filed a replying affidavit, grounds of opposition or attended hearing to oppose the application. There is a pending appeal and Mr. Mwangi Njoroge learned Counsel for the applicant deposes that if the decree is executed, the decretal sum will be paid from public funds which repondent will not be able to refund if the appeal is successful. The Government has capacity to pay the decretal sum if the appeal is dismissed.
Consequently I allow the application with cots in the Appeal and given an order of stay of execution in terms of prayer 1 of the application. E. M. Githinji Judge 17. 5.2000 Mrs Hiranthi holding brief for Mr. Bandu