https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7872
The application was unopposed, and on that basis the court allowed release of the deposited Kshs. 250,000 to the respondent's advocates as part settlement of the decree.
Source-derived case information.
- Citation
- [2026] KEHC 7872 (KLR)
- Parties
- 1st Appellant: Great Rift Express Shuttle Ltd; 2nd Appellant: James Mwaura; Respondent: Bramwel Muleli Onjete
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E081 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application
- Outcome
- Application allowed
- Judges
- ["E Ominde"]
- Legal Topics
- Release of Security Deposit, Execution/settlement of Decree, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Great Rift Express Shuttle Ltd
1st Appellant
James Mwaura
2nd Appellant
Bramwel Muleli Onjete
Respondent
Procedural Posture
Civil Appeal / Ruling on Application
Legal Issues
- 1 Whether the court should release Kshs. 250,000 deposited as security in the appeal to the respondent's advocates.
- 2 Whether costs should be awarded on the application.
Ratio Decidendi
The application was unopposed, and on that basis the court allowed release of the deposited Kshs. 250,000 to the respondent's advocates as part settlement of the decree.
Court Disposition
Application allowed
Orders
- Kshs. 250,000 deposited as security in the appeal by the appellants be released to M/s Omundi Bw'onchiri Advocates, Counsel for the respondent, as part settlement of the decree in Bungoma CMCC No. 442 of 2018.
- This file is closed.
Full Case Text
Judgment text and source record
1 paragraphs
Great Rift Express Shuttle Ltd & another v Onjete (Civil Appeal E081 of 2023) [2026] KEHC 7872 (KLR) (13 May 2026) (Ruling) Neutral citation: [2026] KEHC 7872 (KLR) Republic of Kenya In the High Court at Bungoma Civil Appeal E081 of 2023 E Ominde, J May 13, 2026 Between Great Rift Express Shuttle Ltd 1st Appellant James Mwaura 2nd Appellant and Bramwel Muleli Onjete Respondent Ruling 1.Before this court is an Application by the Applicant dated 11th February, 2026 brought Under Section 1A, 1B, 3A and 34 of the Civil Procedure Act Order 22 Rule 35 and 51 Rule 1 of the Civil Procedure Rules and Section 148, 787,996 and 1002 of the Companies’ Act (No. 17 of 2015) seeking the following orders:a.Spentb.That Kshs. 250,000/= deposited as security in the appeal by the appellants be released to M/S Omundi Bw’onchiri Advocates, Counsel for the respondent as part settlement of the decree in Bungoma CMCC No. 442 of 2018.c.Costs 2.The application is supported by the grounds on the face of it and the affidavit of Bramwel Muleli Onjete sworn on 6th March 2026. 3.Counsel for the applicant, Mr. Bw’onchiri sought that their Application be allowed and the release of the monies deposited in court. Counsel for the Respondent, Mr. Owino in his oral response stated that the monies can be released with no orders as to costs. 4.I have considered the Application and for reasons that it is not opposed, the same is allowed as follows: -a.An order is now hereby issued directing that Kshs. 250,000/= deposited as security in the appeal by the appellants be released to M/s Omundi Bw’onchiri Advocates, Counsel for the respondent as part settlement of the Decree in Bungoma CMCC No. 442 of 2018.b.This file is now hereby closed. READ DATED AND SIGNED AT BUNGOMA ON 13TH DAY OF MAY, 2026E. OMINDEJUDGE