https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6061
The Court reinstated the appeal on the basis that the delay in typed proceedings was attributable to the Judiciary, not the Applicant, and accepted the Applicant’s averment that Ksh 1,500,000 had been deposited as security and later released to the Respondent. Reinstatement was therefore allowed, with costs to the...
Source-derived case information.
- Citation
- [2026] KEHC 6061 (KLR)
- Parties
- Appellant: Douglas Mwangi Macharia; Respondent: Veronicah Nyakerario Onditi & Nicholas Onsare Ombombi (Suing as the Representatives of the Estate of Kefa Onditi Mose)
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E1218 of 2023
- Procedural Posture
- Civil Appeal / Application to Reinstate Appeal
- Outcome
- Appeal reinstated conditionally on the Court’s acceptance of the asserted security deposit; Respondent awarded costs. If no security deposit was made, the application would be dismissed with costs.
- Judges
- ["LP Kassan"]
- Legal Topics
- Reinstatement of Appeal, Typed Proceedings, Security for Decretal Sum, Costs, Court Docket Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Douglas Mwangi Macharia
Appellant
Veronicah Nyakerario Onditi & Nicholas Onsare Ombombi (Suing as the Representatives of the Estate of Kefa Onditi Mose)
Respondent
Procedural Posture
Civil Appeal / Application to Reinstate Appeal
Legal Issues
- 1 Whether the appeal should be reinstated despite the absence of typed proceedings and the lower court file.
- 2 Whether the alleged deposit of Ksh 1,500,000 as security supported reinstatement.
- 3 What order on costs should follow.
Ratio Decidendi
The Court reinstated the appeal on the basis that the delay in typed proceedings was attributable to the Judiciary, not the Applicant, and accepted the Applicant’s averment that Ksh 1,500,000 had been deposited as security and later released to the Respondent. Reinstatement was therefore allowed, with costs to the Respondent; if the security deposit had not in fact been made, the application would stand dismissed with costs.
Court Disposition
Appeal reinstated conditionally on the Court’s acceptance of the asserted security deposit; Respondent awarded costs. If no security deposit was made, the application would be dismissed with costs.
Orders
- Appeal reinstated upon reliance on the Applicant’s averment that Ksh 1,500,000 was deposited as security and later released to the Respondent.
- Respondent awarded costs.
Full Case Text
Judgment text and source record
1 paragraphs
Macharia v Onditi & Ombongi (Suing as the Representatives of the Estate of Kefa Onditi Mose) (Civil Appeal E1218 of 2023) [2026] KEHC 6061 (KLR) (Civ) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 6061 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Civil Appeal E1218 of 2023 LP Kassan, J May 7, 2026 Between Douglas Mwangi Macharia Appellant and Veronicah Nyakerario Onditi & Nicholas Onsare Ombongi (Suing as the Representatives of the Estate of Kefa Onditi Mose) Respondent Ruling 1.This is an application to reinstate an appeal for the reason that the proceedings had not been typed. I have perused the file and noted that there are no typed proceedings nor is there a lower Court file. The Judiciary is in charge of typing proceedings and parties have no control over it. 2.The Applicant has stated that it deposited the decretal amount to signify its seriousness in prosecuting this appeal. However, this is denied by the Respondent. There is a letter requesting proceedings and payment of Ksh1,000 to the Court. I shall reinstate this appeal upon reliance on the Applicant’s averment that a deposit of Ksh 1,500,000 was made to Court as a security and later released to the Respondent. The Respondent will then have costs. If this is not the case (no deposit of security) then the application for reinstatement shall stand dismissed with costs. DATED DELIVERED VIRTUALLY AND SIGNED ON THIS 7TH DAY OF MAY 2026.L. P. KASSANJUDGE