Muhanji & another v Muyia (Civil Appeal E172 of 2025) [2026] KEHC 5216 (KLR) (23 April 2026) (Ruling)

Applicant demonstrated sufficient cause for delay due to illness, appeal is arguable, imminent attachment constitutes substantial loss, explanation for delay is reasonable, and willingness to abide by security conditions justifies grant of leave and stay.

Source-derived case information.

Citation: [2026] KEHC 5216 (KLR)
Parties: 1st Appellant: Kensley M. Muhanji; 2nd Appellant/applicant: Rosemary Isayi; Respondent: Ruth Indimuli Muyia
Court: High Court
Jurisdiction: Kenya
Judgment Date: 23 April 2026
Case Number: Civil Appeal E172 of 2025
Procedural Posture: Civil Appeal / Ruling on Notice of Motion for Leave to Appeal Out of Time and Stay of Execution
Outcome: Application allowed
Legal Topics: Extension of Time to Appeal, Stay of Execution, Discretion of Court, Security for Stay
Source Language: english

Civil Procedure Extension of Time to Appeal Stay of Execution Discretion of Court Security for Stay

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

Kensley M. Muhanji

1st Appellant

Rosemary Isayi

2nd Appellant/applicant

Ruth Indimuli Muyia

Respondent

Procedural Posture

Civil Appeal / Ruling on Notice of Motion for Leave to Appeal Out of Time and Stay of Execution

Legal Issues

1 Whether leave to appeal out of time should be granted
2 Whether stay of execution pending appeal should be issued

Ratio Decidendi

Court Disposition

Application allowed

Orders

Time to file appeal extended; Memorandum of Appeal deemed duly filed
Stay of execution of judgment and decree in Kakamega SCCCOMM E528 of 2025 pending appeal

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