[2017] KEHC 8829 (KLR)
The court declined to grant a stay of execution of the maintenance order, holding that the best interests of the child require the order to remain in force pending the determination of the appeal. The judge found that suspending the maintenance order would not serve the child's welfare, which is the primary...
Source-derived case information.
- Citation
- [2017] KEHC 8829 (KLR)
- Parties
- Appellant: Samuel Mburu Watene; Respondent: Salome Waguthi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 93 of 2016
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- application for stay of execution disallowed
- Judges
- DN Musyoka
- Legal Topics
- Child Maintenance, Stay of Execution, Best Interests of Child
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Mburu Watene
Appellant
Salome Waguthi
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of execution of the lower court's maintenance order pending appeal.
- 2 Whether the best interests of the child require the maintenance order to remain in force during the appeal.
Ratio Decidendi
The court declined to grant a stay of execution of the maintenance order, holding that the best interests of the child require the order to remain in force pending the determination of the appeal. The judge found that suspending the maintenance order would not serve the child's welfare, which is the primary consideration in such matters. The application for stay was therefore disallowed to ensure the child's needs continue to be met during the appellate process.
Court Disposition
application for stay of execution disallowed
Orders
- The application dated 4th October 2016 is disallowed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY AND PROBATE DIVISION
CIVIL APPEAL NO. 93 OF 2016
SAMUEL MBURU WATENE.........................APPELLANT
VERSUS
SALOME WAGUTHI..................................RESPONDENT
(Being an appeal filed against the ruling delivered in Nairobi Children Case No. 126 of 2016)
RULING
1. The application for determination is a Motion dated 4th October 2016. It seeks the stay of execution of orders that the lower court had made on 23rd September 2016 on the maintenance of one of the children the subject of the proceedings before the lower court.
2. I have reviewed the material placed before me. I am persuaded that I should not grant the orders sought. The order touches on the interests of a child. The best interests principle would be in favour of the order remaining in force to await the outcome of the appeal.
3. Accordingly, the application dated 4th October 2016 is disallowed. There shall be no order as to costs.
DATED, SIGNED and DELIVERED at NAIROBI this 12TH DAY OF MAY, 2017
W. MUSYOKA
JUDGE