https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6623
The Applicant failed to comply with the court’s conditional order requiring deposit of half the decretal sum within 14 days, and that non-compliance left the application unsustainable; it was therefore dismissed.
Source-derived case information.
- Citation
- [2026] KEHC 6623 (KLR)
- Parties
- Appellant: Faith Chepkemoi; 1st Respondent: John Kipron Tonui; 2nd Respondent: Anthony Cheruiyot Rotich
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E032 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay
- Outcome
- Application dismissed
- Judges
- ["JK Ng'arng'ar"]
- Legal Topics
- Conditional Stay Orders, Deposit of Decretal Sum, Non Compliance With Court Orders, Dismissal of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Chepkemoi
Appellant
John Kipron Tonui
1st Respondent
Anthony Cheruiyot Rotich
2nd Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay
Legal Issues
- 1 Whether the Applicant complied with the conditional stay order requiring deposit of half the decretal sum within 14 days
- 2 Whether non-compliance warranted dismissal of the application
Ratio Decidendi
The Applicant failed to comply with the court’s conditional order requiring deposit of half the decretal sum within 14 days, and that non-compliance left the application unsustainable; it was therefore dismissed.
Court Disposition
Application dismissed
Orders
- The application dated 27th January 2026 is dismissed.
- Each party shall bear its own costs.
Full Case Text
Judgment text and source record
1 paragraphs
Chepkemoi v Tonui & another (Civil Appeal E032 of 2025) [2026] KEHC 6623 (KLR) (18 May 2026) (Ruling) Neutral citation: [2026] KEHC 6623 (KLR) Republic of Kenya In the High Court at Bomet Civil Appeal E032 of 2025 JK Ng'arng'ar, J May 18, 2026 Between Faith Chepkemoi Appellant and John Kipron Tonui 1st Respondent Anthony Cheruiyot Rotich 2nd Respondent Ruling 1.This is a Ruling to the Application dated 27th January, 2026. 2.It is clear that the Application was dealt with the by Court on 4th February, 2026. The temporary Orders of stay were issued and were conditional. 3.The Applicant was to deposit half of the Decretal Sum in Court within 14 days. 4.As at the time of handling this matter on 4th May, 2026 the Applicant was yet to comply. 5.I find that the Respondent clearly says they are not filing any response in view of the non-compliance and seeks that the application be dismissed. 6.I agree with the Respondent, the Applicant has failed to comply with the Orders of this Court. 7.Accordingly, the Application dated 27th January, 2026 is dismissed. 8.I will order that each Party bears its own costs. RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 18TH DAY OF MAY, 2026.HON. JULIUS K. NG’ARNG’ARJUDGERuling Delivered in the presence of;Susan/Siele Court Assistant