https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6068

https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6068

The Court held that the application for stay pending appeal had been filed within time and reiterated its earlier conditional order: if the decretal amount had been deposited into the escrow account, stay was granted pending appeal; if not, the respondent was at liberty to execute. Each party was ordered to bear its...

Source-derived case information.

Citation
[2026] KEHC 6068 (KLR)
Parties
1st Appellant: Isaih Kiarie Miringi; 2nd Appellant: Mungai Kinuthia; Respondent: Kariuki Mwangi
Court
High Court
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Appeal E067 of 2025
Procedural Posture
Miscellaneous Civil Appeal / Ruling on Application for Stay Pending Appeal
Outcome
Conditional stay granted pending appeal, subject to compliance with the earlier order depositing the decretal amount into an escrow account.
Judges
["LP Kassan"]
Legal Topics
Stay of Execution Pending Appeal, Conditional Stay, Decretal Amount, Escrow Account, Costs
Source Language
en
Civil Procedure Appeals Stay of Execution Pending Appeal Conditional Stay Decretal Amount Escrow Account Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Isaih Kiarie Miringi

1st Appellant

Mungai Kinuthia

2nd Appellant

Kariuki Mwangi

Respondent

Procedural Posture

Miscellaneous Civil Appeal / Ruling on Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether the application for stay pending appeal was filed in time
  2. 2 Whether stay should issue on the condition previously imposed by the Court
  3. 3 What orders on costs were appropriate

Ratio Decidendi

The Court held that the application for stay pending appeal had been filed within time and reiterated its earlier conditional order: if the decretal amount had been deposited into the escrow account, stay was granted pending appeal; if not, the respondent was at liberty to execute. Each party was ordered to bear its own costs.

Court Disposition

Conditional stay granted pending appeal, subject to compliance with the earlier order depositing the decretal amount into an escrow account.

Orders

  • Stay pending appeal granted if the decretal amount has been deposited into the escrow account.
  • If there is noncompliance, the Respondent is at liberty to execute.