Etyang & another v Gachuru (Civil Appeal E267 of 2025) [2026] KEHC 3 (KLR) (7 January 2026) (Ruling)

The application for stay of execution is merited as it is undefended, the appellants have demonstrated sufficient cause, and the requirements under Order 42 Rule 6(2) are satisfied. Discretion is exercised in favour of granting stay pending appeal.

Citation: [2026] KEHC 3 (KLR)
Parties: 1st Appellant: James Robert Etyang; 2nd Appellant: Dinnah Muyoka; Respondent: Isaac Ngugi Gachuru
Court: High Court
Jurisdiction: Kenya
Judgment Date: 7 January 2026
Case Number: Civil Appeal E267 of 2025
Procedural Posture: Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome: Application for stay of execution pending appeal granted
Legal Topics: Stay of Execution, Appeals, Security for Performance of Decree
Source Language: English

Civil Procedure Stay of Execution Appeals Security for Performance of Decree

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Parties

James Robert Etyang

1st Appellant

Dinnah Muyoka

2nd Appellant

Isaac Ngugi Gachuru

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the appellants have satisfied the conditions for grant of stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules

Ratio Decidendi

Court Disposition

Application for stay of execution pending appeal granted

Orders

Stay of execution of the judgment in Eldoret Chief Magistrate Civil Suit No. 579 of 2019 granted pending hearing and determination of the appeal
Pre-trial conference scheduled for 17/2/2026