Sawe v Ng'ang'a (Civil Appeal E270 of 2025) [2026] KEHC 16 (KLR) (6 January 2026) (Ruling)

Sawe v Ng'ang'a (Civil Appeal E270 of 2025) [2026] KEHC 16 (KLR) (6 January 2026) (Ruling)

By consent of the parties, the appeal is marked as withdrawn with no order as to costs, and the negotiated sum is to be settled within 45 days. The consent order is adopted as the judgment of the court and is enforceable.

Citation
[2026] KEHC 16 (KLR)
Parties
Appellant/applicant: Joel Kipketer Sawe; Respondent: Stephen Kahiu Ng'ang'a
Court
High Court
Jurisdiction
Kenya
Judgment Date
6 January 2026
Case Number
Civil Appeal E270 of 2025
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Stay of Execution and Withdrawal of Appeal
Outcome
appeal withdrawn by consent; consent order adopted as judgment
Legal Topics
Stay of Execution, Withdrawal of Appeal, Costs, Consent Judgment
Source Language
English
Civil Procedure Stay of Execution Withdrawal of Appeal Costs Consent Judgment

Case Brief

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Parties

Joel Kipketer Sawe

Appellant/applicant

Stephen Kahiu Ng'ang'a

Respondent

Procedural Posture

Civil Appeal / Ruling on Notice of Motion for Stay of Execution and Withdrawal of Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal
  2. 2 Whether the appeal should be marked as withdrawn by consent
  3. 3 Effect of withdrawal of appeal on costs and enforceability

Ratio Decidendi

By consent of the parties, the appeal is marked as withdrawn with no order as to costs, and the negotiated sum is to be settled within 45 days. The consent order is adopted as the judgment of the court and is enforceable.

Court Disposition

appeal withdrawn by consent; consent order adopted as judgment

Orders

  • Appeal marked as withdrawn with no order as to costs
  • Appellant granted 45 days to settle Kshs 979,358.00 being the negotiated amount