https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12531
The court found the withdrawal application unopposed in substance and allowed it, marking the appeal and the undated stay application as withdrawn, but exercised its discretion to award costs to the respondent to be taxed.
Source-derived case information.
- Citation
- [2026] KEHC 12531 (KLR)
- Parties
- Appellant: Patrick Waweru Kamau; Respondent: Kigundu Rehema (Suing as the Legal Representative And Administrator in the Estate of Kintu Mohamed Salongo - Deceased)
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 133 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Application for Withdrawal of Appeal and Stay Application
- Outcome
- Application allowed
- Judges
- ["MS Shariff"]
- Legal Topics
- Withdrawal of Appeal, Stay of Execution, Costs, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Waweru Kamau
Appellant
Kigundu Rehema (Suing as the Legal Representative And Administrator in the Estate of Kintu Mohamed Salongo - Deceased)
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Withdrawal of Appeal and Stay Application
Legal Issues
- 1 Whether the appellant’s appeal and pending stay application should be marked as withdrawn
- 2 Whether costs should be awarded to the respondent
Ratio Decidendi
The court found the withdrawal application unopposed in substance and allowed it, marking the appeal and the undated stay application as withdrawn, but exercised its discretion to award costs to the respondent to be taxed.
Court Disposition
Application allowed
Orders
- The appeal herein and the undated application for stay of execution are marked as withdrawn.
- Costs of the withdrawal are awarded to the respondent and shall be taxed.
Full Case Text
Judgment text and source record
1 paragraphs
Kamau v Rehema (Suing as the Legal Representative And Administrator in the Estate of Kintu Mohamed Salongo - Deceased) (Civil Appeal 133 of 2018) [2026] KEHC 12531 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 12531 (KLR) Republic of Kenya In the High Court at Bungoma Civil Appeal 133 of 2018 MS Shariff, J July 31, 2026 Between Patrick Waweru Kamau Appellant and Kigundu Rehema (Suing as the Legal Representative And Administrator in the Estate of Kintu Mohamed Salongo - Deceased) Respondent Ruling 1.The Appellant Patrick Waweru Kamau has approached this court vide a Notice of Motion dated 29th July 2026, which is supported by his own affidavit of even date and he craves that his undated application for stay of execution that is due for delivery of ruling on 30.9.2026 before this court and his entire appeal be marked as withdrawn with no orders as to costs, upon adoption of his Notice of Withdrawal of Appeal dated 28.7.2026. 2.When this application came up for inter partes hearing on 31st July 2026, the Appellant’s counsel did not attend court. Mr Mulongo , counsel holding for Mr Paul Juma for the Respondent submitted that the his client was not opposed to the application save that she had filed a response and submissions to the appellant’s stay application wherefore she ought to be awarded costs of that application of Ksh 30,000. Upon Mr Mulongo being put to task by this court to justify the prayed costs of Ksh 30,000, he asked the court to exercise it’s discretion in that regard. 3.I have duly considered the application herein, the supporting affidavit, the annexure attached thereto and the oral submissions of Mr Mulongo and I am inclined to allow the application. I thus make the following orders:i)The appeal herein and the undated application for stay of execution are hereby marked as withdrawn with costs to the respondent, which costs shall be taxed.It is hereby so ordered DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 31ST DAY OF JULY 2026.MWANAISHA. S. SHARIFFJUDGEIn the presence of:Mulongo Holding brief foe Paul Juma for the RespondentN/A by Collins Grace & Associates for the AppellantAziza- Court Assistant