[2025] KEHC 7735 (KLR)

[2025] KEHC 7735 (KLR)

The court found that the applicant failed to demonstrate that the appeal would be rendered nugatory or that she or the minor would suffer prejudice if the stay was not granted. There was no evidence that the respondent had failed to comply with the trial court's judgment, and both parties were already implementing the orders. The court emphasized that any breach of compliance could be addressed in the trial court through contempt proceedings, not by staying the judgment. The application was therefore found to be unmeritorious and dismissed.

Citation
[2025] KEHC 7735 (KLR)
Parties
Applicant: SAW; Respondent: SLW
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Children's Appeal Case E157 of 2024
Procedural Posture
Children Appeal / Ruling on Stay Application Pending Appeal
Outcome
application dismissed
Judges
HK Chemitei
Legal Topics
Child Maintenance, Stay of Execution, Parental Responsibility
Source Language
English
Family and Children Child Maintenance Stay of Execution Parental Responsibility

Case Brief

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Parties

SAW

Applicant

SLW

Respondent

Procedural Posture

Children Appeal / Ruling on Stay Application Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution of the magistrate's judgment should be granted pending appeal.
  2. 2 Whether the applicant or the minor will suffer prejudice if the stay is not granted.
  3. 3 Whether the appeal would be rendered nugatory if the application is not allowed.

Ratio Decidendi

The court found that the applicant failed to demonstrate that the appeal would be rendered nugatory or that she or the minor would suffer prejudice if the stay was not granted. There was no evidence that the respondent had failed to comply with the trial court's judgment, and both parties were already implementing the orders. The court emphasized that any breach of compliance could be addressed in the trial court through contempt proceedings, not by staying the judgment. The application was therefore found to be unmeritorious and dismissed.

Court Disposition

application dismissed

Orders

  • The application for stay of execution is dismissed.
  • Each party shall bear its own costs.