[2025] KEHC 5356 (KLR)

[2025] KEHC 5356 (KLR)

The court found that while the applicant's appeal was arguable and filed expeditiously, he failed to demonstrate that the proceedings in the lower court should not be allowed to continue beyond reasonable doubt. The applicant did not seek a stay of execution and expressed willingness to continue paying school fees as ordered. The court emphasized that a stay of proceedings would delay the determination of the matter, contrary to the best interests of the child as mandated by the Children Act 2022. The issues before the lower court extended beyond school fees, and expeditious resolution was necessary to safeguard the child's welfare. Consequently, the application for stay of proceedings...

Citation
[2025] KEHC 5356 (KLR)
Parties
Applicant: BI; Respondent: SKM
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 April 2025
Case Number
Family Miscellaneous Application E036 of 2025
Procedural Posture
Family Miscellaneous Application / Ruling on Application for Stay of Proceedings Pending Appeal
Outcome
Application dismissed; no order as to costs.
Judges
CJ Kendagor
Legal Topics
Child Maintenance, Best Interests of the Child, Stay of Proceedings, Appeals Process
Source Language
English
Family and Children Civil Procedure Child Maintenance Best Interests of the Child Stay of Proceedings Appeals Process

Case Brief

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Parties

BI

Applicant

SKM

Respondent

Procedural Posture

Family Miscellaneous Application / Ruling on Application for Stay of Proceedings Pending Appeal

Legal Issues

  1. 1 Whether the proceedings in Nairobi Chief Magistrate’s Court Children Case Number MCCHCC/E1759/2024 should be stayed pending the hearing of the appeal.
  2. 2 Whether the applicant has demonstrated sufficient grounds for the grant of a stay of proceedings in the best interests of the child.

Ratio Decidendi

The court found that while the applicant's appeal was arguable and filed expeditiously, he failed to demonstrate that the proceedings in the lower court should not be allowed to continue beyond reasonable doubt. The applicant did not seek a stay of execution and expressed willingness to continue paying school fees as ordered. The court emphasized that a stay of proceedings would delay the determination of the matter, contrary to the best interests of the child as mandated by the Children Act 2022. The issues before the lower court extended beyond school fees, and expeditious resolution was necessary to safeguard the child's welfare. Consequently, the application for stay of proceedings...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application for stay of proceedings is dismissed with no order as to costs.
  • The applicant shall file the record of appeal within 30 days of this ruling if not already filed; hearing date to be fixed in the appeal file.