https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6049
The court rejected the application because the proposed installment plan of Ksh 50,000 per month for a decretal sum of Ksh 400,000 was not persuasive, especially since the judgment had been delivered nine months earlier and the appellant could have been saving the proposed amount to satisfy the decree by then.
Source-derived case information.
- Citation
- [2026] KEHC 6049 (KLR)
- Parties
- Appellant / Applicants: VICTOR BUSORO T/A VIBB CONSTRUCTION CO.; 1st Respondent: MORDECAI ODONGO ONDEMBA; 2nd Respondent: GETRUDE A AGUDA
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Small Claims Appeal E154 of 2025
- Procedural Posture
- Civil Appeal Arising From an Application for Stay of Execution and Leave to Pay Decretal Sum by Instalments / Ruling on Application
- Outcome
- Application dismissed with costs
- Judges
- ["LP Kassan"]
- Legal Topics
- Stay of Execution, Payment of Decretal Amount by Installments, Warrant of Arrest, Financial Hardship, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
VICTOR BUSORO T/A VIBB CONSTRUCTION CO.
Appellant / Applicants
MORDECAI ODONGO ONDEMBA
1st Respondent
GETRUDE A AGUDA
2nd Respondent
Procedural Posture
Civil Appeal Arising From an Application for Stay of Execution and Leave to Pay Decretal Sum by Instalments / Ruling on Application
Legal Issues
- 1 Whether the appellant was entitled to stay of execution of the warrant of arrest
- 2 Whether the appellant had grounds to be allowed to settle the decretal amount by installments
- 3 Whether alleged financial hardship justified the proposed payment plan
Ratio Decidendi
The court rejected the application because the proposed installment plan of Ksh 50,000 per month for a decretal sum of Ksh 400,000 was not persuasive, especially since the judgment had been delivered nine months earlier and the appellant could have been saving the proposed amount to satisfy the decree by then.
Court Disposition
Application dismissed with costs
Orders
- The application for stay of execution and payment by installments is dismissed.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL APPEAL NO. E154 OF 2025 VICTOR BUSORO T/A VIBB CONSTRUCTION CO. …...……...…………… APPELLANT VERSUS MORDECAI ODONGO ONDEMBA………………… 1ST RESPONDENT GETRUDE A AGUDA…………………………………….2ND RESPONDENT RULING 1. The Appellant filed an application before the lower Court seeking stay of execution of a warrant of arrest and leave to settle the decretal amount in installments for the main reason that he is facing harsh financial challenges. The application is opposed. I have looked at the proceedings and read submissions. 1 | P a g e 2. The proposal by the Applicant is for payment of Ksh 50,000 a month for a decretal amount of Ksh 400,000. The judgement of the lower Court was rendered nine months away, that is on the 23rd day of July 2025. If the applicant had started making or saving the Ksh 50,000 per month, he would have settled the decree by now. The application is dismissed with costs. DATED DELIVERED VIRTUALLY AND SIGNED ON THIS 7TH DAY OF MAY 2026 L. P. KASSAN JUDGE 2 | P a g e