https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11010
The court allowed the motion because the parties had reached a consent dated 23rd June 2026 on the release of the security deposit, and the court adopted that consent as its order, directing immediate release of the monies to the respondent through his advocates.
Source-derived case information.
- Citation
- [2026] KEHC 11010 (KLR)
- Parties
- Appellant: Mash East Africa Ltd; Respondent: Francis Mwangi Wangari
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E062 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Motion for Release of Security Deposit and Adoption of Consent
- Outcome
- Notice of Motion allowed; consent adopted; release of deposited monies ordered; costs to be borne by each party.
- Judges
- ["A Mshila"]
- Legal Topics
- Stay of Execution, Release of Security Deposit, Consent Order, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mash East Africa Ltd
Appellant
Francis Mwangi Wangari
Respondent
Procedural Posture
Civil Appeal / Ruling on Motion for Release of Security Deposit and Adoption of Consent
Legal Issues
- 1 Whether the Notice of Motion dated 23rd June 2026 should be allowed
- 2 Whether the consent dated 23rd June 2026 should be adopted as an order of the court
- 3 Whether the security deposit should be released to the respondent
Ratio Decidendi
The court allowed the motion because the parties had reached a consent dated 23rd June 2026 on the release of the security deposit, and the court adopted that consent as its order, directing immediate release of the monies to the respondent through his advocates.
Court Disposition
Notice of Motion allowed; consent adopted; release of deposited monies ordered; costs to be borne by each party.
Orders
- The Notice of Motion dated 23rd June 2026 is allowed.
- The Consent dated 23rd June 2026 is adopted as an order of the court.
Full Case Text
Judgment text and source record
1 paragraphs
Mash East Africa Ltd v Wangari (Civil Appeal E062 of 2025) [2026] KEHC 11010 (KLR) (20 July 2026) (Ruling) Neutral citation: [2026] KEHC 11010 (KLR) Republic of Kenya In the High Court at Voi Civil Appeal E062 of 2025 A Mshila, J July 20, 2026 Between Mash East Africa Ltd Appellant and Francis Mwangi Wangari Respondent Ruling 1.Before court is the Notice of Motion dated 23rd June 2026 and is brought under the provisions of Order 42 Rule 6 of the Civil Procedure Rules, 2010 and Sections 1A, 1B and 3A of the Civil Procedure Act, CAP 21 Laws of Kenya and all other enabling Statutes; The Applicant sought for the following orders:-a.Spent.b.That the security deposited by the Appellant in this Honorable Court as a precondition for the grant of stay of execution pending the hearing and determination of the Appeal herein be released forthwith to the Respondent through his Advocates on record, S. M. Righa & Company Advocates via the following bank details:Bank Name : KCB BankAccount Name : S. M. Righa & Company AdvocatesAccount Number : 112xxxxx55Branch : University Way Branchc.That the costs of this application be in the cause. 2.In light of the above this Court makes the following determinations:-i.The Notice of Motion dated 23rd June 2026 is hereby allowed.ii.The Consent dated 23rd June 2026 is hereby adopted as an Order of this Court.iii.The monies deposited be released forthwith to the Respondent through his Advocates on record, S. M. Righa & Company Advocates via the following bank details:Bank Name : KCB BankAccount Name : S. M. Righa & Company AdvocatesAccount Number : 112xxxxx55Branch : University Way Branch 3.Each party to bear own costs.Orders accordingly. DATED SIGNED AND DELIVERED VIA TEAMS AT VOI THIS 20TH DAY OF JULY, 2026.HON. A. MSHILAJUDGEIn the presence of;Millicent/Trizah – Court AssistantsKiwinga for RespondentN/A by Applicants