[2025] KEHC 8890 (KLR)

[2025] KEHC 8890 (KLR)

The court found that the applicant had satisfied the requirements for the grant of a stay of execution pending appeal, including the risk of substantial loss and the offer to provide security. The court exercised its discretion to allow the application on condition that half of the decretal sum (Kshs. 6,000,000) be...

Source-derived case information.

Citation
[2025] KEHC 8890 (KLR)
Parties
Applicant: Geoffrey Kimonge Mbogho; Respondent: Ethics & Anti-Corruption Commission
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
7 April 2025
Case Number
Miscellaneous Application E014 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Stay of Execution Pending Appeal
Outcome
application for stay of execution pending appeal allowed with conditions
Judges
AN Ongeri
Legal Topics
Stay of Execution, Security for Costs, Appeal Procedure
Source Language
english
Civil Procedure Stay of Execution Security for Costs Appeal Procedure

Source-derived case record

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Geoffrey Kimonge Mbogho

Applicant

Ethics & Anti-Corruption Commission

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution pending appeal.
  2. 2 What conditions should be imposed for the grant of stay of execution.

Ratio Decidendi

The court found that the applicant had satisfied the requirements for the grant of a stay of execution pending appeal, including the risk of substantial loss and the offer to provide security. The court exercised its discretion to allow the application on condition that half of the decretal sum (Kshs. 6,000,000) be deposited in court within 60 days and that the record of appeal be prepared and served within the same period. The court fixed a mention date for compliance and further directions.

Court Disposition

application for stay of execution pending appeal allowed with conditions

Orders

  • Half the decretal sum (Kshs. 6,000,000) to be deposited in court within 60 days.
  • Record of Appeal to be prepared and served upon the respondent within 60 days.