https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7046
Because the application was duly served and left unopposed, and the court accepted the applicants’ explanation that they were unable to appeal in time and faced imminent transmission of the estate, the notice of motion was allowed in terms of prayers 3 and 4.
Source-derived case information.
- Citation
- [2026] KEHC 7046 (KLR)
- Parties
- 1st Applicant: Paul Kamenju; 2nd Applicant: Harun Gaitho Kamenju; Respondent: John Njuguna Kamenju
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Family Appeal E003 of 2026
- Procedural Posture
- Family Appeal; Application for Stay of Execution and Leave to Appeal Out of Time / Ruling on Notice of Motion Dated 19/1/2026
- Outcome
- Application allowed
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Stay of Execution, Extension of Time to File Appeal, Confirmation of Grant, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Paul Kamenju
1st Applicant
Harun Gaitho Kamenju
2nd Applicant
John Njuguna Kamenju
Respondent
Procedural Posture
Family Appeal; Application for Stay of Execution and Leave to Appeal Out of Time / Ruling on Notice of Motion Dated 19/1/2026
Legal Issues
- 1 Whether the applicants should be granted stay of execution pending determination of the appeal
- 2 Whether the applicants should be granted leave to file the appeal out of time
- 3 Whether the court should grant the application where no response was filed by the respondent
Ratio Decidendi
Because the application was duly served and left unopposed, and the court accepted the applicants’ explanation that they were unable to appeal in time and faced imminent transmission of the estate, the notice of motion was allowed in terms of prayers 3 and 4.
Court Disposition
Application allowed
Orders
- Stay of execution granted pending hearing and determination of the appeal in Nakuru MCC Succ. No. 246 of 2017
- Leave granted to file the appeal out of time
Full Case Text
Judgment text and source record
1 paragraphs
Kamenju & another v Kamenju (Family Appeal E003 of 2026) [2026] KEHC 7046 (KLR) (20 May 2026) (Ruling) Neutral citation: [2026] KEHC 7046 (KLR) Republic of Kenya In the High Court at Nakuru Family Appeal E003 of 2026 JM Nang'ea, J May 20, 2026 Between Paul Kamenju 1st Applicant Harun Gaitho Kamenju 2nd Applicant and John Njuguna Kamenju Respondent Ruling 1.By Notice of Motion dated 19/1/2026, the Applicants pray for orders as hereunder;-1.Spent.2.Spent.3.That pending the hearing and determination of this appeal, there be a stay of execution in Nakuru MCC Succ. No. 246 of 2017.4.That the Applicant be granted leave to file their Appeal out of time. 2.The Motion is supported by affidavit of the 1st Applicant. He avers inter alia that they are aggrieved by the lower court’s Ruling of November 2025 confirming the Grant herein. They could not lodge Appeal out of time because of financial incapacity. The 1st Applicant laments that the Respondent is proceeding to transmit the deceased’s Estate as per the Certificate of Confirmation of the Grant, hence the Application. 3.Despite evidence of service of the Application upon the Respondent, no reply thereto has been put in. The Application is thus deemed as unopposed. 4.The Notice of Motion dated 19/1/2026 is therefore granted as per prayers 3 and 4. No order is made as to costs. J. M. NANG’EA, JUDGE.RULING DELIVERED VIRTUALLY THIS 20TH DAY OF MAY, 2026.In the presence of:Mr. Wang’ondu Advocate for Mr. Chege Advocate for the ApplicantsRespondent, AbsentThe Court Assistant (Jeniffer).J. M. NANG’EA, JUDGE.