[2025] KEHC 5373 (KLR)

Parties

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

1. 1 Whether the applicant has satisfied the conditions for grant of stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules.
2. 2 Whether the applicant will suffer substantial loss if stay is not granted.
3. 3 Whether the application for stay was made without unreasonable delay.

Ratio Decidendi

The court found that the applicant had only satisfied the requirement of filing the application without unreasonable delay, but failed to substantiate the claim of substantial loss and did not offer security for due performance. However, the court exercised its discretion to grant a stay of execution, noting that the appeal was arguable and that denying stay could render the appeal nugatory. The court emphasized the need to balance the right of appeal with the respondent's right to enjoy the fruits of judgment, ultimately granting the stay to preserve the subject matter pending determination of the appeal, subject to the applicant filing and serving the record of appeal within 30 days.

Court Disposition

Application for stay of execution pending appeal allowed.

Orders

• There be a stay of execution of the judgment and orders of Hon. L. L Gicheha, CM in Kikuyu CMC Case No.29 of 2017 pending hearing and determination of the appeal.
• The applicant/appellant to file and serve a record of appeal within thirty (30) days from the date of this ruling.