https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11009
The application was determined by consent, and the court adopted the parties’ agreement granting stay of execution on condition that the full decretal sum be deposited in a joint interest earning account within 45 days and the record of appeal be filed and served within 45 days, failing which the stay would lapse.
Source-derived case information.
- Citation
- [2026] KEHC 11009 (KLR)
- Parties
- Applicant/appellant: Albert Okari Migiro; 1st Respondent: Michael Mutua Kindali; 2nd Respondent: Agnes Wanjala Maseghe
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E026 of 2026
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Stay of Execution Pending Appeal
- Outcome
- Application allowed by consent, subject to conditions.
- Judges
- ["A Mshila"]
- Legal Topics
- Stay of Execution Pending Appeal, Security for Due Performance, Consent Orders, Decretal Sum Deposit, Compliance Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Albert Okari Migiro
Applicant/appellant
Michael Mutua Kindali
1st Respondent
Agnes Wanjala Maseghe
2nd Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution pending appeal should issue
- 2 What conditions should attach to the stay
- 3 Whether the application should be allowed by consent
Ratio Decidendi
The application was determined by consent, and the court adopted the parties’ agreement granting stay of execution on condition that the full decretal sum be deposited in a joint interest earning account within 45 days and the record of appeal be filed and served within 45 days, failing which the stay would lapse.
Court Disposition
Application allowed by consent, subject to conditions.
Orders
- Full decretal sum to be deposited in a joint interest earning account in the joint names of the advocates for the parties.
- Deposit to be made within 45 days.
Full Case Text
Judgment text and source record
1 paragraphs
Migiro v Kindali & another (Suing on Behalf of the Estate of Fredrick Maseghe Mutua - Deceased) (Civil Appeal E026 of 2026) [2026] KEHC 11009 (KLR) (20 July 2026) (Ruling) Neutral citation: [2026] KEHC 11009 (KLR) Republic of Kenya In the High Court at Voi Civil Appeal E026 of 2026 A Mshila, J July 20, 2026 Between Albert Okari Migiro Applicant and Michael Mutua Kindali 1st Respondent Agnes Wanjala Maseghe 2nd Respondent Suing on Behalf of the Estate of Fredrick Maseghe Mutua - Deceased Ruling 1.Before court is the Notice of Motion dated 17th June 2026 and is brought under the provisions of Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and all enabling Provisions of Law; The Applicants sought for the following orders:-a.That the matter herein be certified as urgent and service hereof be dispensed with, in the first instance.b.That this application be heard and a stay of execution of the Honourable trial Court’s Judgment delivered on 22nd May 2026 in the trial suit Voi CMCC No. E147 of 2024, be granted ex parte in the first instance pending an inter partes hearing and determination of this application.c.That there be a stay of execution of the Honourable trial Court’s Judgment delivered on 22nd May 2026, in the trial suit Voi CMCC No. E147 of 2024, pending the hearing and determination of the instant appeal, VOI HCCA NO. E026 OF 2026.d.That the costs of this application be provided for. 2.The Notice of Motion application dated 17th June 2026 is hereby allowed by consensus of both parties conditional to:-a.The full decretal sum be deposited into a joint interest earning account in the joint names of the Advocates for the parties.b.Deposit be done within 45 days.c.The Applicant to file and serve Record of Appeal within 45 days of todays date.d.In default the stay of execution order be vacated.e.There shall be no order as to costs.f.Mention 16th September 2026 before Deputy Registrar for compliance and admission.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 AssistantsKazungu for RespondentKirimi for Applicant/Appellant