https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7360

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
Civil Procedure Appellate Practice Stay of Execution Security for Stay Costs

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

  1. 1 Whether the application for stay of execution should be granted
  2. 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.