Okinyi v Muraga & another (Suing as Legal Representatives of the Estate of Stephen Kimari Muraga - Deceased) (Miscellaneous Civil Application E051 of 2024) [2026] KEHC 5891 (KLR) (30 April 2026) (Ruling)

The applicant failed to provide a plausible explanation for the delay in filing the appeal, did not demonstrate good and sufficient cause, and did not comply with conditions for stay. The application lacks merit and is dismissed with costs to the respondents.

Source-derived case information.

Citation: [2026] KEHC 5891 (KLR)
Parties: Applicant: Brian Manoti Okinyi; Respondent: David Muraga; Respondent: Grace Wambui Waithira (suing as legal representative of the Estate of Stephen Kimari Muraga, deceased)
Court: High Court
Jurisdiction: Kenya
Judgment Date: 30 April 2026
Case Number: Miscellaneous Civil Application E051 of 2024
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution
Outcome: Application dismissed with costs to the respondents
Legal Topics: Extension of Time to Appeal, Stay of Execution, Appeals From Subordinate Courts
Source Language: english

Civil Procedure Extension of Time to Appeal Stay of Execution Appeals From Subordinate Courts

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 5

Parties

Brian Manoti Okinyi

Applicant

David Muraga

Respondent

Grace Wambui Waithira (suing as legal representative of the Estate of Stephen Kimari Muraga, deceased)

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Leave to Appeal Out of Time and Stay of Execution

Legal Issues

1 Whether the applicant has demonstrated good and sufficient cause for extension of time to file an appeal out of time
2 Whether the applicant is entitled to stay of execution of the lower court judgment

Ratio Decidendi

Court Disposition

Application dismissed with costs to the respondents

Orders

Application dated 30th April 2024 is dismissed with costs to the respondents

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