Kamau v Kelwon & another (Suing as the Administrators of the Estate of the Late Elijah Kelwon Cheburet) & 5 others (Civil Appeal E064 of 2025) [2026] KEHC 4704 (KLR) (10 April 2026) (Ruling)
The court determined that, due to multiple parties' interests and high stakes, justice requires the motor vehicle remain in neutral custody pending formal stay application and appeal. Thirty days stay of release and leave to appeal were granted.
Source-derived case information.
- Citation
- [2026] KEHC 4704 (KLR)
- Parties
- Appellant: Peter Gitiha Kamau; 1st Respondent: Magdaliner Tabutany Kelwon & Elijah Kelwon Cheburet (Suing as the Administrators of the Estate of the Late Elijah Kelwon Cheburet); 2nd Respondent: Choga Chindoro; 3rd Respondent: Joshua Mathenge; 4th Respondent: East African Institute of African Studies; 5th Respondent: Ncba Bank Kenya Plc; 6th Respondent: Joseph Muiri Kariuki
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E064 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Post Judgment Application for Release and Stay
- Outcome
- Stay of release of motor vehicle granted; leave to appeal granted.
- Legal Topics
- Stay of Execution, Leave to Appeal, Release of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Gitiha Kamau
Appellant
Magdaliner Tabutany Kelwon & Elijah Kelwon Cheburet (Suing as the Administrators of the Estate of the Late Elijah Kelwon Cheburet)
1st Respondent
Choga Chindoro
2nd Respondent
Joshua Mathenge
3rd Respondent
East African Institute of African Studies
4th Respondent
Ncba Bank Kenya Plc
5th Respondent
Joseph Muiri Kariuki
6th Respondent
Procedural Posture
Civil Appeal / Ruling on Post Judgment Application for Release and Stay
Legal Issues
- 1 Whether to release motor vehicle KCY 289C to the Appellant pending appeal
- 2 Whether to grant stay of release pending formal application
- 3 Whether to grant leave to appeal
Ratio Decidendi
The court determined that, due to multiple parties' interests and high stakes, justice requires the motor vehicle remain in neutral custody pending formal stay application and appeal. Thirty days stay of release and leave to appeal were granted.
Court Disposition
Stay of release of motor vehicle granted; leave to appeal granted.
Orders
- Motor vehicle KCY 289C to remain at Voi Police Station for 30 days pending formal stay application.
- Respondents and Interested Parties granted leave to appeal to Court of Appeal within 30 days.
Full Case Text
Judgment text and source record
1 paragraphs
Kamau v Kelwon & another (Suing as the Administrators of the Estate of the Late Elijah Kelwon Cheburet) & 5 others (Civil Appeal E064 of 2025) [2026] KEHC 4704 (KLR) (10 April 2026) (Ruling) Neutral citation: [2026] KEHC 4704 (KLR) Republic of Kenya In the High Court at Voi Civil Appeal E064 of 2025 AN Ongeri, J April 10, 2026 Between Peter Gitiha Kamau Appellant and Magdaliner Tabutany Kelwon & Elijah Kelwon Cheburet (Suing as the Administrators of the Estate of the Late Elijah Kelwon Cheburet) 1st Respondent Choga Chindoro 2nd Respondent Joshua Mathenge 3rd Respondent East African Institute of African Studies 4th Respondent Ncba Bank Kenya Plc 5th Respondent Joseph Muiri Kariuki 6th Respondent Ruling 1.Following this court’s judgment which ordered restoration of motor vehicle registration number KCY 289C to the Appellant, the Appellant’s Learned Counsel made an application for release of the motor vehicle which is currently held at Voi Police Station to the Appellant. 2.The Respondent’s Learned Counsel opposed the oral application for release of the motor vehicle and asked for 14 days to file a formal application for stay of the said order as he proceeds to the Court of Appeal. 3.The Learned Counsel for the 3rd Party also asked for leave to appeal and associated himself with the sentiments of the Respondent’s counsel. 4.There are three parties who have interest in the said motor vehicle and the stakes are high. 5.It is in the interest of justice that the said motor vehicle continue being held in neutral ground pending a formal application by Counsel for the Respondents and the Interested Party for stay of release of the same. I grant 30 days stay of release. 6.The Respondents and Interested Parties are granted leave to appeal to the Court of Appeal within 30 days of this date. 7.The parties to be supplied with certified copies of the proceedings and the judgment of this court upon making payments. The Respondent’s Counsel is granted 14 days to file his formal application. DATED, SIGNED AND DELIVERED ONLINE VIA MICROSOFT TEAMS AT VOI THIS 10TH DAY OF APRIL, 2026.………….…………….A. N. ONGERIJUDGEIn the presence of:Mr. Kinyanjui for the AppellantMr. Arusei for the RespondentsMr. Kofuna for the Interested Party.