https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6551
The court granted stay because the Notice of Appeal had been filed in time and the application was effectively unopposed, but it conditioned the stay on deposit of the full decretal sum in a joint interest earning account within 45 days, failing which the stay would lapse.
Source-derived case information.
- Citation
- [2026] KEHC 6551 (KLR)
- Parties
- Appellant: Faith Nthambi Musyoki; Respondent: GA Insurance Company Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E042 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal to the Court of Appeal
- Outcome
- Application allowed subject to conditions
- Judges
- ["A Mshila"]
- Legal Topics
- Stay of Execution, Security for Stay, Decretal Sum, Joint Interest Earning Account, Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Faith Nthambi Musyoki
Appellant
GA Insurance Company Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal to the Court of Appeal
Legal Issues
- 1 Whether stay of execution pending appeal should be granted.
- 2 Whether the applicant had met the requirement of providing sufficient security.
Ratio Decidendi
The court granted stay because the Notice of Appeal had been filed in time and the application was effectively unopposed, but it conditioned the stay on deposit of the full decretal sum in a joint interest earning account within 45 days, failing which the stay would lapse.
Court Disposition
Application allowed subject to conditions
Orders
- The Applicant shall deposit the full decretal sum into a joint interest earning account in the joint names of counsel for the Applicant and Respondent.
- The deposit shall be made within 45 days of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
Musyoki v GA Insurance Company Ltd (Civil Appeal E042 of 2025) [2026] KEHC 6551 (KLR) (14 May 2026) (Ruling) Neutral citation: [2026] KEHC 6551 (KLR) Republic of Kenya In the High Court at Voi Civil Appeal E042 of 2025 A Mshila, J May 14, 2026 Between Faith Nthambi Musyoki Appellant and GA Insurance Company Ltd Respondent Ruling 1.The application is for stay of execution pending appeal to the Court of Appeal. 2.The intended appellant field the Notice of Appeal in a timely manner. The application is not opposed provided the Applicant provides for sufficient security. 3.In the circumstances the application is hereby allowed on the following conditions/terms:-i.The Applicant to deposit the full decretal sum into a joint interest earning account in the joint names of the Counsel for Applicant and Respondent.ii.The sum to be deposited within 45 days hereof.iii.In default the orders for stay stand vacated. Costs to the Respondent to be paid by the Applicant.Orders accordingly. DATED, SIGNED AND DELIVERED THIS 14TH DAY OF MAY, 2026 IN OPEN COURT AT VOI HIGH COURT.A. MSHILAJUDGEIn the presence of:-Court Assistants: Millicent/EghwaRigaga holding brief for Miss Achieng for RespondentKazungu for Appellant