Kiplangat v Tuwei & another (Civil Appeal E256 of 2025) [2026] KEHC 17 (KLR) (7 January 2026) (Ruling)

The applicant is not entitled to stay of execution or proceedings pending appeal due to failure to comply with the condition of paying throw-away costs as ordered by the lower court, and no evidence of financial incapacity or substantial loss was provided.

Citation: [2026] KEHC 17 (KLR)
Parties: Appellant/applicant: John Kiplangat; 1st Respondent: Judith Jebichi Tuwei; 2nd Respondent: Joel Rotich
Court: High Court
Jurisdiction: Kenya
Judgment Date: 7 January 2026
Case Number: Civil Appeal E256 of 2025
Procedural Posture: Civil Appeal / Ruling on Application for Stay of Execution and Proceedings Pending Appeal
Outcome: Application dismissed with conditions
Legal Topics: Stay of Execution, Stay of Proceedings, Appeals, Throw Away Costs
Source Language: English

Civil Procedure Stay of Execution Stay of Proceedings Appeals Throw Away Costs

Case Brief

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Parties

John Kiplangat

Appellant/applicant

Judith Jebichi Tuwei

1st Respondent

Joel Rotich

2nd Respondent

Procedural Posture

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

Legal Issues

1 Whether the applicant is entitled to stay of execution of judgment and proceedings pending appeal
2 Whether failure to pay throw-away costs disentitles the applicant to stay orders

Ratio Decidendi

Court Disposition

Application dismissed with conditions

Orders

Applicant to deposit Kshs. 20,000 throw-away costs with the Deputy Registrar of the High Court within 30 days as a condition precedent to prosecuting the appeal.
Written submissions on the appeal to be filed by both parties after compliance with the deposit order.