Mbirua & 24 others v Commissioner for Cooperatives & another (Civil Appeal E1233 of 2024) [2026] KEHC 4902 (KLR) (16 April 2026) (Ruling)

Mbirua & 24 others v Commissioner for Cooperatives & another (Civil Appeal E1233 of 2024) [2026] KEHC 4902 (KLR) (16 April 2026) (Ruling)

Applicants have not demonstrated substantial loss, timely application, or offered security as required under Order 42 Rule 6. However, in the interest of justice and to preserve the substratum of the appeal, stay is granted on condition that the entire decretal sum is deposited in court within 45 days.

Citation
[2026] KEHC 4902 (KLR)
Parties
Appellants/applicants: Simon Karangu Mbirua & 24 Others; 1st Respondent: Commissioner for Cooperatives; 2nd Respondent/interested Party: Mwiki PSV Sacco Limited
Court
High Court
Jurisdiction
Kenya
Judgment Date
16 April 2026
Case Number
Civil Appeal E1233 of 2024
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
stay of execution granted conditionally
Legal Topics
Stay of Execution, Surcharge Orders, Security for Decree, Attachment of Property
Source Language
English
Civil Procedure Cooperative Law Stay of Execution Surcharge Orders Security for Decree Attachment of Property

Case Brief

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Parties

Simon Karangu Mbirua & 24 Others

Appellants/applicants

Commissioner for Cooperatives

1st Respondent

Mwiki PSV Sacco Limited

2nd Respondent/interested Party

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have satisfied the conditions for grant of stay of execution pending appeal
  2. 2 Whether the applicants are entitled to the release of motor vehicle registration number KCE 638P

Ratio Decidendi

Applicants have not demonstrated substantial loss, timely application, or offered security as required under Order 42 Rule 6. However, in the interest of justice and to preserve the substratum of the appeal, stay is granted on condition that the entire decretal sum is deposited in court within 45 days.

Court Disposition

stay of execution granted conditionally

Orders

  • Stay of execution of surcharge orders and all consequential processes granted pending hearing and determination of appeal
  • Stay granted on condition that appellants deposit entire decretal sum in court within 45 days, failing which stay lapses