[2021] KEHC 1010 (KLR)
The court found that the applicant had taken all necessary preliminary steps towards lodging an appeal, including timely filing of the notice of appeal and requesting certified copies of proceedings. The court held that the interests of justice favored maintaining the status quo to facilitate the hearing and...
Source-derived case information.
- Citation
- [2021] KEHC 1010 (KLR)
- Parties
- Plaintiff: George PB Ogengo; Defendant: James Nandasaba; Defendant: Martin Wanyonyi; Defendant: Kennedy Wepulhulu; Defendant: The Standard Ltd; Defendant: Centre for Human Rights & Democracy (CHRD)
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 27 of 2018
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for stay of execution pending appeal allowed with conditions
- Judges
- DN Musyoka
- Legal Topics
- Stay of Execution, Appeal Process, Security for Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George PB Ogengo
Plaintiff
James Nandasaba
Defendant
Martin Wanyonyi
Defendant
Kennedy Wepulhulu
Defendant
The Standard Ltd
Defendant
Centre for Human Rights & Democracy (CHRD)
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant has satisfied the conditions for grant of stay of execution pending appeal.
- 2 Whether the interests of justice require maintenance of status quo pending appeal.
Ratio Decidendi
The court found that the applicant had taken all necessary preliminary steps towards lodging an appeal, including timely filing of the notice of appeal and requesting certified copies of proceedings. The court held that the interests of justice favored maintaining the status quo to facilitate the hearing and determination of the appeal, as an aggrieved party is entitled to a second opinion from an appellate court. The court exercised its discretion to grant a stay of execution, conditional upon the applicant depositing the entire judgment amount in court within thirty days, failing which the stay would lapse.
Court Disposition
application for stay of execution pending appeal allowed with conditions
Orders
- Stay of execution granted pending appeal, conditional upon the appellant depositing the entire judgment amount in court within thirty days of the order.
- In default of deposit, the stay order shall lapse.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
CIVIL SUIT NO. 27 OF 2018
GEORGE PB OGENGO...............................................................................................PLAINTIFF
VERSUS
JAMES NANDASABA......................................................................................1ST DEFENDANT
MARTIN WANYONYI.....................................................................................2ND DEFENDANT
KENNEDY WEPULHULU...............................................................................3RD DEFENDANT
THE STANDARD LTD......................................................................................4TH DEFENDANT
CENTRE FOR HUMAN RIGHTS & DEMOCRACY (CHRD)...................5TH DEFENDANT
RULING
1. What I am called upon to determine is an application dated 20th April 2021, for stay of execution pending appeal.
2. The impugned judgment was delivered on 12th February 2021. A notice of appeal was lodged herein on 22nd February 2021, within the fourteen days allowed under Rule 59 of the Court of Appeal Rules. The plaintiff then wrote to the court on 15th February 2021, asking for certified copies of the proceedings and ruling.
3. The application is opposed, and there are grounds of opposition that have been filed, essentially saying that sufficient cause has not been shown.
4. The plaintiff has taken all the preliminary steps in preparation for filing an appeal at the Court of Appeal. I believe justice of the situation favours status quo being maintained, to facilitate the hearing and disposal of the appeal, for an aggrieved party is entitled to a second opinion from an appellate court.
5. Consequently, I do hereby allow the application, dated 20th April 2021. The stay order shall be on condition that the appellant deposits the entire judgment amount in court, within the next thirty days, of the date of this order, in default of which the stay order shall lapse.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA THIS 20th DAY OF DECEMBER 2021
W. MUSYOKA
JUDGE
In the presence of:-
Erick Zalo – Court Assistant
N/A for the parties