https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7935
The court, having considered the application and supporting affidavit and noting the lack of opposition from the respondents, allowed the application and granted the applicants time to file and serve the appeal within 7 days, with costs in the cause.
Source-derived case information.
- Citation
- [2026] KEHC 7935 (KLR)
- Parties
- 1st Applicant: TOM WAFULA BIKETI; 2nd Applicant: SUSY NANGEKHE WAKAMALA; Respondent: JULIA WATUVUKHA MASINDE, RODAH MAJUMA SIMIYU & JOSEPH WABOMBA KIENYI (Suing as the administrators of the estate of the late Leonard Simiyu Kunikina aka Leonard Simiyu); 2nd Respondent: KOMBO RASHID NAMURWE (Suing as the Administrator to the estate of Rashid Mashauri Namurwe (Deceased))
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E068 of 2026
- Procedural Posture
- Civil Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Stay of Execution, Extension of Time to Appeal, Leave to Lodge Appeal Out of Time, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TOM WAFULA BIKETI
1st Applicant
SUSY NANGEKHE WAKAMALA
2nd Applicant
JULIA WATUVUKHA MASINDE, RODAH MAJUMA SIMIYU & JOSEPH WABOMBA KIENYI (Suing as the administrators of the estate of the late Leonard Simiyu Kunikina aka Leonard Simiyu)
Respondent
KOMBO RASHID NAMURWE (Suing as the Administrator to the estate of Rashid Mashauri Namurwe (Deceased))
2nd Respondent
Procedural Posture
Civil Miscellaneous Application / Ruling on Application for Stay of Execution and Leave to Appeal Out of Time
Legal Issues
- 1 Whether the applicants should be granted leave to file an appeal out of time.
- 2 Whether there should be a stay of execution pending determination of the application.
Ratio Decidendi
The court, having considered the application and supporting affidavit and noting the lack of opposition from the respondents, allowed the application and granted the applicants time to file and serve the appeal within 7 days, with costs in the cause.
Court Disposition
Application allowed
Orders
- The application dated 26th March, 2026 is allowed with costs in the cause.
- The appeal is to be filed and served within 7 days from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CIVIL MISC APPLICATION NO. E068 OF 2026** **TOM WAFULA BIKETI …………..........................…………. 1ST APPLICANT** **SUSY NANGEKHE WAKAMALA ………………………….. 2ND APPLICANT** **VERSUS** **JULIA WATUVUKHA MASINDE, RODAH MAJUMA SIMIYU & JOSEPH WABOMBA KIENYI (Suing as the administrators of the estate of the late LEONARD SIMIYU KUNIKINA aka LEONAED SIMIYU … RESPONDENT** **KOMBO RASHID NAMURWE (Suing as the Administrator to the estate of RASHID MASHAURI NAMURWE (Deceased) ………… 2nd RESPONDENT** **RULING** 1. Before this court is an application by the applicant dated 26th March, 2026 brought **Under Section 1(A) 1(B) & 95 & 79G of the Civil Procedure Rules and all other enabling provisions of the Law** seeking the following orders: 2. **Spent** 3. **That there be stay of execution of the decree passed in Bungoma Chief Magistrate’s Court Civil Case No. E318 of 2024 between Julia Watuvukha Masinde, Rodah Majuma Simiyu & Joseph Wabomba Kikenyi Suing as the administrators of the estate of the Late Leonard Simiyu Kunikina aka Leonard Simiyu Vs Tom Wafula Biketi & another pending the hearing and determination of this Application.** 4. **That the applicant herein be granted leave to lodge an appeal out of time in respect of Judgment and decree in Bungoma Chief Magistrate’s Court Civil Case No. E318 of 2024 between Julia Watuvukha Masinde, Rodah Majuma Simiyu & Joseph Wabomba Kikenyi Suing as the administrators of the estate of the Late Leonard Simiyu Kunikina aka Leonard Simiyu Vs Tom Wafula Biketi & another which was delivered on 23rd February, 2026.** 5. **That costs of this application to await the filing of the appeal.** 6. The application is supported by the grounds on the face of it and the affidavit sworn by Simiyu Makokha on 26th March, 2026. 7. The applicant informed court that the application was served on the respondents and that they have not received any Response. He prays that it be allowed to enable them file the appeal and that costs can await the appeal. He states he can file the appeal within 3 days if leave is granted. 8. Miss Wesonga in her oral submissions stated that they are not opposed to the appeal and the same can be allowed with costs in the cause. 9. Having perused the Application and Supporting Affidavit thereto and I issue the following orders; 10. **That the application dated 26th March, 2026 is allowed with costs in the cause.** 11. **The appeal is to be filed and served within 7 days from the date hereof.** 12. **Mention on 8th July 2026 for directions on hearing of the appeal.** **Read Dated and Signed at BUNGOMA on 11th day of May, 2026** **E. OMINDE** **JUDGE**