[2025] KEHC 434 (KLR)

[2025] KEHC 434 (KLR)

The court found that the application for stay of execution was unopposed and that the applicant had demonstrated sufficient cause for the grant of a stay. The court further held that it was in the interests of justice to preserve the status quo regarding parental obligations until the appeal is determined....

Source-derived case information.

Citation
[2025] KEHC 434 (KLR)
Parties
Applicant: John Chibutia Gathoni; Respondent: Mercy Cilaa Kahiro
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Case Number
Civil Appeal E194 of 2024
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Outcome
Application for stay of execution allowed.
Judges
SM Mohochi
Legal Topics
Stay of Execution, Appeals Process, Parental Obligations
Source Language
en
Civil Procedure Family and Children Stay of Execution Appeals Process Parental Obligations

Source-derived case record

Summary, issues, holding and outcome

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Parties

John Chibutia Gathoni

Applicant

Mercy Cilaa Kahiro

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay Application Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the judgment/decree pending appeal.
  2. 2 Whether the applicant should continue to undertake parental obligations during the pendency of the appeal.

Ratio Decidendi

The court found that the application for stay of execution was unopposed and that the applicant had demonstrated sufficient cause for the grant of a stay. The court further held that it was in the interests of justice to preserve the status quo regarding parental obligations until the appeal is determined. Accordingly, the court granted a stay of execution of the judgment/decree dated 31st August, 2024, directed the applicant to set down the appeal for admission within 60 days, and ordered the applicant to continue undertaking his parental obligations as before the appeal.

Court Disposition

Application for stay of execution allowed.

Orders

  • An order of stay of execution of judgment/decree dated 31st August, 2024 is hereby made pending hearing and determination of the appeal.
  • The Appellant/Applicant shall set down the appeal for admission within the next 60 days from today.