NNK v CMK (Civil Appeal E141 of 2024) [2025] KEHC 18651 (KLR) (Family) (18 December 2025) (Ruling)

NNK v CMK (Civil Appeal E141 of 2024) [2025] KEHC 18651 (KLR) (Family) (18 December 2025) (Ruling)

The applicant demonstrated substantial loss both financially and medically if execution proceeds, especially given his recent surgery and risk to health. The subject is 28 years old and not a child under the Constitution, and the law prioritizes the needs of the applicant’s minor child. The respondent did not show capacity to refund the decretal sum if the appeal succeeds. The application was made promptly, and security for costs is appropriate. The balance of convenience favours granting a conditional stay of execution.

Citation
[2025] KEHC 18651 (KLR)
Parties
Applicant: NNK; Respondent: CMK
Court
High Court
Jurisdiction
Kenya
Judgment Date
18 December 2025
Case Number
Civil Appeal E141 of 2024
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application allowed; conditional stay of execution granted pending appeal.
Legal Topics
Stay of Execution, Parental Responsibility, Maintenance of Adult Children, Civil Jail for Debt, Security for Costs
Source Language
English
Family Law Civil Procedure Stay of Execution Parental Responsibility Maintenance of Adult Children Civil Jail for Debt Security for Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

NNK

Applicant

CMK

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has satisfied the test for stay of execution under Order 42 Rule 6(2) of the Civil Procedure Rules
  2. 2 Whether the applicant's medical condition constitutes a special circumstance against committal to civil jail
  3. 3 Whether parental responsibility and maintenance can be extended to a 28-year-old adult for tertiary education

Ratio Decidendi

The applicant demonstrated substantial loss both financially and medically if execution proceeds, especially given his recent surgery and risk to health. The subject is 28 years old and not a child under the Constitution, and the law prioritizes the needs of the applicant’s minor child. The respondent did not show capacity to refund the decretal sum if the appeal succeeds. The application was made promptly, and security for costs is appropriate. The balance of convenience favours granting a conditional stay of execution.

Court Disposition

Application allowed; conditional stay of execution granted pending appeal.

Orders

  • Stay of execution of the judgment and decree in Milimani Children’s Court Case No. 1196 of 2018 granted pending appeal.
  • Applicant to deposit Kshs. 250,000 into a joint interest-earning account in the names of advocates for both parties within 45 days; failure to deposit lapses the stay.