Kibiwot v Metto & another (Civil Appeal E022 of 2026) [2026] KEHC 4269 (KLR) (1 April 2026) (Ruling)

Kibiwot v Metto & another (Civil Appeal E022 of 2026) [2026] KEHC 4269 (KLR) (1 April 2026) (Ruling)

The applicant demonstrated substantial loss and prompt action, and the unique circumstances—alleged lack of service and contest of judgment legitimacy—justify waiving the usual requirement for security. Stay of execution is granted pending appeal, with expedited hearing as the appropriate safeguard.

Citation
[2026] KEHC 4269 (KLR)
Parties
Appellant/applicant: Peter Kibiwot; 1st Respondent: Vincent Cheruiyot Metto; 2nd Respondent: Richard Kipkorir Mutai
Court
High Court
Jurisdiction
Kenya
Judgment Date
1 April 2026
Case Number
Civil Appeal E022 of 2026
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal allowed.
Legal Topics
Stay of Execution, Right to Fair Hearing, Ex Parte Judgment, Appeal Procedure
Source Language
English
Civil Procedure Constitutional Law Stay of Execution Right to Fair Hearing Ex Parte Judgment Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Peter Kibiwot

Appellant/applicant

Vincent Cheruiyot Metto

1st Respondent

Richard Kipkorir Mutai

2nd Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to stay of execution pending appeal
  2. 2 Whether substantial loss would result if stay is not granted
  3. 3 Whether security for due performance is mandatory in the circumstances

Ratio Decidendi

The applicant demonstrated substantial loss and prompt action, and the unique circumstances—alleged lack of service and contest of judgment legitimacy—justify waiving the usual requirement for security. Stay of execution is granted pending appeal, with expedited hearing as the appropriate safeguard.

Court Disposition

Application for stay of execution pending appeal allowed.

Orders

  • Stay of execution of the ruling delivered on 6th February 2026 and ex-parte judgment entered on 7th March 2024 in Eldoret Small Claims Court Claim No. E1204 of 2023 pending hearing and determination of appeal.
  • Parties to file and exchange written submissions on the main appeal within 45 days.