Kibanya v Ayieko & another (Civil Appeal E098 of 2025) [2026] KEHC 5300 (KLR) (24 April 2026) (Ruling)

The trial court erred by making substantive orders on a date scheduled for directions, thereby violating the applicant's right to fair hearing. The orders of 22/10/2025 are set aside to allow the Notice to Show Cause to be heard on merit.

Citation: [2026] KEHC 5300 (KLR)
Parties: Appellant/applicant: Patrick Kibanya; 1st Respondent: Raymond Ayieko; 2nd Respondent: Brits Freighters Limited
Court: High Court
Jurisdiction: Kenya
Judgment Date: 24 April 2026
Case Number: Civil Appeal E098 of 2025
Procedural Posture: Civil Appeal / Ruling on Motion for Stay of Execution Pending Appeal
Outcome: orders of 22/10/2025 set aside; Notice to Show Cause to be heard on merit; no order as to costs
Legal Topics: Stay of Execution, Fair Hearing, Abuse of Court Process
Source Language: English

Civil Procedure Stay of Execution Fair Hearing Abuse of Court Process

Case Brief

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Parties

Patrick Kibanya

Appellant/applicant

Raymond Ayieko

1st Respondent

Brits Freighters Limited

2nd Respondent

Procedural Posture

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

Legal Issues

1 whether the court can grant stay of execution of warrants of arrest pending appeal
2 whether substantive orders can be made on a mention date
3 whether the applicant's right to fair hearing was violated

Ratio Decidendi

Court Disposition

orders of 22/10/2025 set aside; Notice to Show Cause to be heard on merit; no order as to costs

Orders

orders of 22/10/2025 set aside
Notice to Show Cause to be heard on merit