In re Estate of Raibu Mithaiba Muchiri (Deceased) (Family Appeal E006 of 2025) [2026] KEHC 4666 (KLR) (13 April 2026) (Ruling)

The appellant demonstrated risk of substantial loss through possible eviction from land parcel Akithi 11/600, where she has resided for 30 years, and the application was made without unreasonable delay; thus, stay of execution is warranted.

Source-derived case information.

Citation: [2026] KEHC 4666 (KLR)
Parties: Appellant: Purity Kambura; Respondent: George Kathawe Kanyithia
Court: High Court
Jurisdiction: Kenya
Judgment Date: 13 April 2026
Case Number: Family Appeal E006 of 2025
Procedural Posture: Family Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome: application allowed
Legal Topics: Stay of Execution, Substantial Loss, Appeal Procedure
Source Language: english

Succession Law Civil Procedure Stay of Execution Substantial Loss Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2

Parties

Purity Kambura

Appellant

George Kathawe Kanyithia

Respondent

Procedural Posture

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

Legal Issues

1 Whether the appellant is entitled to a stay of execution of the judgment pending appeal
2 Whether substantial loss will result if stay is not granted

Ratio Decidendi

Court Disposition

application allowed

Orders

Stay of execution of the entire judgment of Hon Y.K. Agwata in Tigania senior principal magistrate’s court succession cause No. E066 of 2021 pending hearing and determination of the appeal
Costs be in the cause

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