https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7566
The Court held that the Applicant failed to satisfy the principles for stay of execution, could not overcome the res judicata objection, and had abused the process of the court. The application was therefore dismissed with costs.
Source-derived case information.
- Citation
- [2026] KEHC 7566 (KLR)
- Parties
- Applicant/appellant: Geoffrey Gichura Mutuura; Respondent: Royal Group Industries Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E239 of 2026
- Procedural Posture
- Civil Appeal; Application for Stay of Execution / Ruling on Application for Stay
- Outcome
- Application dismissed with costs to the Respondent.
- Judges
- ["SM Mohochi"]
- Legal Topics
- Stay of Execution, Civil Jail, Res Judicata, Abuse of Process, Interlocutory Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Gichura Mutuura
Applicant/appellant
Royal Group Industries Limited
Respondent
Procedural Posture
Civil Appeal; Application for Stay of Execution / Ruling on Application for Stay
Legal Issues
- 1 Whether the Applicant had satisfied the principles for grant of stay of execution
- 2 Whether the application was barred by res judicata
- 3 Whether the application was an abuse of the process of court
Ratio Decidendi
The Court held that the Applicant failed to satisfy the principles for stay of execution, could not overcome the res judicata objection, and had abused the process of the court. The application was therefore dismissed with costs.
Court Disposition
Application dismissed with costs to the Respondent.
Orders
- The application dated 24th September 2025 is dismissed with costs to the Respondent.
- The Appellant shall within sixty (60) days set down the interlocutory appeal for admission, hearing and disposal.
Full Case Text
Judgment text and source record
1 paragraphs
 **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAKURU** **HIGH COURT CIVIL APPEAL NO. E239 OF 2026** **GEOFFREY GICHURA MUTUURA……………..APPLICANT /APPELLANT** **- VERSUS -** **ROYAL GROUP INDUSTRIES LIMITED……………………..RESPONDENT** **RULING** 1. On the 14th May 2024 **in Nakuru Civil Appeal No. 70 of 2023** dismissed two Notice of Motion Applications filed by the Appellant/Applicant dated **2nd November, 2023** and **24th November, 2023** both for stay of execution of judgment decree flowing from the j**udgement** delivered on3rd April 2023 in **Nakuru Civil Suit No. 626 of 2020.** 2. When the Applicant was subjected to a notice to show cause why he should not be held in civil jail in execution and he failed and or ignored to show cause and an order committing him to civil jail was accordingly made by the Deputy Registrar on the 12th September 2025. 3. The Decision of the Deputy Registrar was an equitable discretionary relief that now the Applicant seeks to challenge on Appeal and hence seeking stay order. 4. Staying the Ruling committing the Applicant to Civil jail shall in the umpteenth time stay the execution of judgment decree for a very obvious debt that the Applicant incurred and two years ago stood at kshs 6,700,000/- which is still accumulating. 5. The Appeal for all intents and practice is an Interlocutory Appeal. 6. The Applicant has been seeking equitable reliefs without success for failing to satisfy conditions for grant and has repeatedly been referred to as a litigant deliberately utilizing litigation to drag and frustrate the respondent. The Court of equity cannot be the bastion for refuge; the Applicant has unclean hands and deserves no equitable relief. 7. The Applicant blatantly and deliberately contravenes the doctrine of *res judicata.* 8. I have considered the Application and the response in opposition and I find that the Applicant has failed to persuade this Court that he has satisfied the principles for grant of an Orders of Stay. 9. The Applicant could not overcome the Res-judicata contravention obstacle. 10. The Application dated 24th September 2025 is an abuse of the process of Court, bereft of any merit and therefore is dismissed with costs to the Respondent 11. The Appellant shall within the next sixty (60) days set-down the interlocutory Appeal for Admission, hearing and disposal. It is so Ordered. **Signed, Dated and Delivered at Nakuru** **on this 22nd Day of May 2026*.*** **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_** **Mohochi S. M.** **JUDGE**