https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6740
The application was uncontested and merited grant of a conditional stay. To balance the appellant’s right of appeal against preservation of the decretal amount, the court ordered deposit of the entire decretal sum in court within 30 days, failing which the stay would lapse automatically.
Source-derived case information.
- Citation
- [2026] KEHC 6740 (KLR)
- Parties
- Appellant/applicant: G4S Kenya Limited; Respondent: Harrison Kimani
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E308 of 2025
- Procedural Posture
- Civil Appeal; Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution
- Outcome
- Application allowed on conditions
- Judges
- ["SM Mohochi"]
- Legal Topics
- Stay of Execution, Security for Costs, Conditional Stay, Small Claims Court Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
G4S Kenya Limited
Appellant/applicant
Harrison Kimani
Respondent
Procedural Posture
Civil Appeal; Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the applicant had satisfied the threshold for grant of stay of execution pending appeal.
- 2 What security, if any, should be ordered for preservation of the decretal sum pending appeal.
Ratio Decidendi
The application was uncontested and merited grant of a conditional stay. To balance the appellant’s right of appeal against preservation of the decretal amount, the court ordered deposit of the entire decretal sum in court within 30 days, failing which the stay would lapse automatically.
Court Disposition
Application allowed on conditions
Orders
- Conditional stay of execution pending appeal granted.
- Applicant to deposit the entire decretal amount of Kshs. 163,250 in court within 30 days as security for costs.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT AT NAKURU** **CIVIL APPEAL NO. E308 OF 2025** **G4S KENYA LIMITED..............................................................APPELLANT** **- VERSUS -** **HARRISON KIMANI…………………………………………..RESPONDENT** *(Being an appeal from the judgment and decree of the Small Claims Court of Nakuru (Hon Edward Oboge (SRM) delivered on the 30th day of October 2025 in Small Claims Court Civil Case No. E924 of 2025)* **RULING** 1. This is an application for stay of execution of Judgment/Decree Small Nakuru Chief Magistrate’s Court Small Claims Court, **Civil Case No. E924 of 2025 between Harrison Kimani versus G4S Kenya Limited**. 2. The Court had on the 28th November 2025 directed service be affected upon the Respondent and the Court is satisfied that the Respondent was duly served but elected not to respond. 3. I have Considered the uncontested Application and find merit in the same. 4. The Applicant shall forthwith and not later than 30 days from today, deposit the entire decretal amount Kshs. 163, 250/- in Court as security for costs. 5. A Conditional Order of Stay of Execution of Judgment Decree delivered on 30th October 2025 by Hon. Edward Oboge in Nakuru Small Claims Court Civil Case No. E924 of 2025 is hereby issued pending the hearing and determination of the appeal. 6. Failure to comply with the condition for stay (at paragraph 4 above) shall automatically vacate the stay order without further reference to the Court. 7. The costs of the Application shall be in the cause. Orders accordingly. **Dated, signed and delivered virtually at Busia** **this 8th day of May 2026.** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **S. Mohochi** **JUDGE**