https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7360
The application for stay of execution was allowed because the Applicant had already provided security, leaving both parties protected regardless of the appeal outcome.
Source-derived case information.
- Citation
- [2026] KEHC 7360 (KLR)
- Parties
- Appellant/applicant: Benson Kibunja Giuthua; Respondent: Jones Machuki Muyela
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E612 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution
- Outcome
- Application allowed as prayed.
- Judges
- ["LP Kassan"]
- Legal Topics
- Stay of Execution, Security for Stay, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Kibunja Giuthua
Appellant/applicant
Jones Machuki Muyela
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution should be granted
- 2 Whether the provision of security was sufficient to justify stay
Ratio Decidendi
The application for stay of execution was allowed because the Applicant had already provided security, leaving both parties protected regardless of the appeal outcome.
Court Disposition
Application allowed as prayed.
Orders
- Stay of execution granted.
- Costs to be paid by the Applicant.
Full Case Text
Judgment text and source record
1 paragraphs
Giuthua v Muyela (Civil Appeal E612 of 2025) [2026] KEHC 7360 (KLR) (Civ) (28 May 2026) (Ruling) Neutral citation: [2026] KEHC 7360 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Civil Appeal E612 of 2025 LP Kassan, J May 28, 2026 Between Benson Kibunja Giuthua Appellant and Jones Machuki Muyela Respondent Ruling 1.This is an application for stay of execution in which the Applicant provided security. I will not belabor with principles guarding issuance of stay of execution because already, the security has been deposited and both parties are safe in whichever course the Appeal takes. The application is allowed as prayed. 2.The Applicant will pay costs DATED DELIVERED VIRTUALLY AND SIGNED ON THIS 28TH DAY OF MAY 2026L. P. KASSANJUDGE