[2025] KEHC 9839 (KLR)

[2025] KEHC 9839 (KLR)

The court found that the appellants had satisfied the requirements for the grant of stay of execution pending appeal, including demonstrating the risk of substantial loss and willingness to provide security by depositing the decretal sum. The court exercised its discretion to grant a conditional stay, requiring the...

Source-derived case information.

Citation
[2025] KEHC 9839 (KLR)
Parties
Appellant: Rose Njoki Mwambura; Appellant: Haron Githinji M; Respondent: Njenga Baiya
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Civil Appeal E072 of 2025
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Outcome
Application allowed with conditions.
Judges
MS Shariff
Legal Topics
Stay of Execution, Security for Decretal Sum, Appeal Procedure
Source Language
en
Civil Procedure Stay of Execution Security for Decretal Sum Appeal Procedure

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Parties

Rose Njoki Mwambura

Appellant

Haron Githinji M

Appellant

Njenga Baiya

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay Application Pending Appeal

Legal Issues

  1. 1 Whether the appellants are entitled to an order of stay of execution pending the hearing and determination of the appeal.
  2. 2 Whether the appellants should deposit the decretal sum as security for the grant of stay of execution.
  3. 3 Whether the respondent is entitled to costs of the application.

Ratio Decidendi

The court found that the appellants had satisfied the requirements for the grant of stay of execution pending appeal, including demonstrating the risk of substantial loss and willingness to provide security by depositing the decretal sum. The court exercised its discretion to grant a conditional stay, requiring the appellants to deposit the entire decretal sum plus costs in a joint interest-earning account within 75 days, failing which the respondent would be at liberty to execute. The respondent was awarded costs of the application.

Court Disposition

Application allowed with conditions.

Orders

  • An order of stay of execution is granted against the ruling of Hon T. A. Madowo (SRM) delivered on 24.4.2025 and all consequential orders in Bungoma CM CC No. 277 of 2019 until the appeal is heard and determined, subject to conditions.
  • The entire decretal sum plus costs amounting to Ksh 684,780 is to be deposited in an interest earning account in the joint names of the parties’ advocates within 75 days.