[2020] KEHC 6551 (KLR)
The court found that the application demonstrated sufficient urgency to warrant ex parte hearing and interim stay of execution, particularly in view of the COVID-19 pandemic and the resulting administrative directives restricting normal court operations. The stay was granted to preserve the status quo until the...
Source-derived case information.
- Citation
- [2020] KEHC 6551 (KLR)
- Parties
- Applicant: Paul Akoko Oyugi; Defendant: Amos Ochieng Aywa
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 80 of 2020
- Procedural Posture
- Miscellaneous Application / Interlocutory Directions on Urgent Application for Stay of Execution
- Outcome
- Interim stay of execution granted ex parte pending inter partes hearing; directions issued for service and remote communication.
- Legal Topics
- Stay of Execution, Urgent Applications, Covid19 Court Measures
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Akoko Oyugi
Applicant
Amos Ochieng Aywa
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Directions on Urgent Application for Stay of Execution
Legal Issues
- 1 Whether the application for stay of execution should be heard during the court recess due to urgency.
- 2 Whether ex parte orders for stay of execution are justified in light of the COVID-19 pandemic and related administrative directives.
Ratio Decidendi
The court found that the application demonstrated sufficient urgency to warrant ex parte hearing and interim stay of execution, particularly in view of the COVID-19 pandemic and the resulting administrative directives restricting normal court operations. The stay was granted to preserve the status quo until the application could be heard inter partes, with liberty to apply for any party feeling prejudiced. The court emphasized the need for parties to utilize electronic communication and comply with COVID-19 mitigation protocols in the justice sector.
Court Disposition
Interim stay of execution granted ex parte pending inter partes hearing; directions issued for service and remote communication.
Orders
- The application dated 8th April 2020 is certified as urgent and admitted to hearing during the Easter Recess.
- The application is admitted to hearing ex parte in the first instance.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISUMU
MISC. CIV. APPLICATION NO. 80 OF 2020
PAUL AKOKO OYUGI.....................................APPLICANT/RESPONDENT
VERSUS
AMOS OCHIENG AYWA ................................. DEFENDANT/APPLICANT
9th April 2020
Coram: Ochieng – J.
Court Assistant: Maureen Ojala
DIRECTIONS
Exparte
1. The application dated 8th April 2020 is certified as Urgent, and is admitted to hearing during the current Easter Recess.
2. The said application is admitted to hearing exparte, in the first instance.
3. I order that there shall be a Stay of Execution of the Decree in KISUMU CMCC NO. 52 OF 2019 until the hearing and determination of the application dated 8th April 2020.
4. This Order has been granted, inter alia, on account of the Administrative and Contingency Management Plan To Mitigate COVID -19 in Kenya’s Justice Sector, which was issued by the NATIONAL COUNCIL ON THE ADMINISTRATION OF JUSTICEon 15th March 2020.
5. The Applicant is to serve the Respondent.
6. Each party is directed to provide the Court as well as the other party, with email address to which all pleadings, Orders and other legal proceedings or communication will be served.
7. In the light of the COVID-19 Pandemic, this order will remain in force until further orders of the Court.
8. However, in order to assist any party who may feel prejudiced by this order, to be able to seek appropriate relief, I do hereby grant liberty to the parties to apply.
9. Mention on 22nd April 2020, for Further Directions.
10. In the light of the COVID-19 Pandemic, the Mention may possibly, not happen in the normal manner, because parties are not allowed access into the Court-house.
Therefore, parties are encouraged to give their written suggestions about their proposed Directions, on how the application will be dealt with.
DATED, SIGNEDandDELIVERED at KISUMU
This9thday ofApril2020
FRED A. OCHIENG
JUDGE