https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6080
The court found that stay of execution was justified on the facts and granted it, but only on the condition that the decretal amount be deposited in court within 7 days, with each party bearing its own costs.
Source-derived case information.
- Citation
- [2026] KEHC 6080 (KLR)
- Parties
- 1st Appellant: Stephen Njuguna Mwaura; 2nd Appellant: Jedidah Wakonyo Njuguna; Respondent: Standard Chattered Bank Kenya Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E557 of 2023
- Procedural Posture
- Civil Appeal / Application for Stay Pending Appeal
- Outcome
- Application allowed.
- Judges
- ["LP Kassan"]
- Legal Topics
- Stay of Execution Pending Appeal, Decretal Amount Security, Balancing of Parties' Interests, Appeal Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Njuguna Mwaura
1st Appellant
Jedidah Wakonyo Njuguna
2nd Appellant
Standard Chattered Bank Kenya Limited
Respondent
Procedural Posture
Civil Appeal / Application for Stay Pending Appeal
Legal Issues
- 1 Whether the appellants were entitled to stay of execution pending appeal.
- 2 What conditions, if any, should attach to the grant of stay.
Ratio Decidendi
The court found that stay of execution was justified on the facts and granted it, but only on the condition that the decretal amount be deposited in court within 7 days, with each party bearing its own costs.
Court Disposition
Application allowed.
Orders
- Stay of execution granted on condition that the decretal amount be deposited in court within 7 days from the date of the ruling.
- Each party shall pay its own costs.
Full Case Text
Judgment text and source record
1 paragraphs
Mwaura & another v Standard Chattered Bank Kenya Limited (Civil Appeal E557 of 2023) [2026] KEHC 6080 (KLR) (Civ) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 6080 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Civil Appeal E557 of 2023 LP Kassan, J May 7, 2026 Between Stephen Njuguna Mwaura 1st Appellant Jedidah Wakonyo Njuguna 2nd Appellant and Standard Chattered Bank Kenya Limited Respondent Ruling 1.This is an application for stay pending appeal. The history of this matter is that the Appellant lost at the lower Court and High Court. He now seeks to move to the Court of Appeal. An appeal to the Court of appeal is constitutional. Courts rarely decline stay so long as all interests are balanced. I have looked at the memorandum of appeal and submissions. 2.I shall grant stay of execution on condition that the decretal amount is deposited to Court within 7 days from the date of this ruling. Each party shall pay own costs. DATED DELIVERED VIRTUALLY AND SIGNED ON THIS 7TH DAY OF MAY 2026.L. P. KASSANJUDGE