Muriithi v Munene (Civil Appeal E042 of 2025) [2026] KEHC 4991 (KLR) (14 April 2026) (Ruling)

Muriithi v Munene (Civil Appeal E042 of 2025) [2026] KEHC 4991 (KLR) (14 April 2026) (Ruling)

The court found that the applicant had demonstrated an arguable appeal and that continuation of proceedings would render the appeal nugatory, thus justifying the exercise of discretion to grant a stay of proceedings.

Citation
[2026] KEHC 4991 (KLR)
Parties
Appellant/applicant: Zachary Njuguna Muriithi; Respondent: Rose Wanjiku Munene
Court
High Court
Jurisdiction
Kenya
Judgment Date
14 April 2026
Case Number
Civil Appeal E042 of 2025
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Proceedings Pending Appeal
Outcome
application allowed
Legal Topics
Stay of Proceedings, Appeals, Judicial Discretion
Source Language
English

Case Brief

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Parties

Zachary Njuguna Muriithi

Appellant/applicant

Rose Wanjiku Munene

Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Stay of Proceedings Pending Appeal

  1. 1 Whether the court should grant a stay of proceedings pending the hearing and determination of the appeal

Ratio Decidendi

The court found that the applicant had demonstrated an arguable appeal and that continuation of proceedings would render the appeal nugatory, thus justifying the exercise of discretion to grant a stay of proceedings.

Court Disposition

application allowed

Orders

  • Stay of proceedings in Nyahururu MCCC No. E129 of 2022 granted pending hearing and determination of the appeal
  • Costs to abide the outcome of the appeal