[2025] KEHC 8249 (KLR)

[2025] KEHC 8249 (KLR)

The court found that the applicant failed to demonstrate how the appeal would be rendered nugatory if stay was not granted, and did not make any proposals for interim maintenance. The court emphasized that the best interests of the child are paramount and that suspending maintenance orders is not in the child's best interests. The application for stay of execution was therefore dismissed as lacking merit, with the court exercising its discretion in favor of upholding the maintenance orders to protect the welfare of the child.

Citation
[2025] KEHC 8249 (KLR)
Parties
Appellant: Robinson Hamisi; Respondent: Josephine Kalahi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 June 2025
Case Number
Appeal E152 of 2024
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application dismissed
Judges
H Namisi
Legal Topics
Child Maintenance, Stay of Execution, Best Interests of Child, Parental Responsibility
Source Language
English
Family and Children Child Maintenance Stay of Execution Best Interests of Child Parental Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

Robinson Hamisi

Appellant

Josephine Kalahi

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the maintenance orders pending appeal.
  2. 2 Whether granting a stay would be contrary to the best interests of the child.
  3. 3 Whether the applicant demonstrated substantial loss or prejudice if stay is not granted.

Ratio Decidendi

The court found that the applicant failed to demonstrate how the appeal would be rendered nugatory if stay was not granted, and did not make any proposals for interim maintenance. The court emphasized that the best interests of the child are paramount and that suspending maintenance orders is not in the child's best interests. The application for stay of execution was therefore dismissed as lacking merit, with the court exercising its discretion in favor of upholding the maintenance orders to protect the welfare of the child.

Court Disposition

application dismissed

Orders

  • The application dated 5 November 2024 for stay of execution is dismissed.
  • No orders as to costs.