https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10566
The application was disallowed because the time sought for compliance had already lapsed by the time the court addressed it, rendering the request overtaken by events. The applicant was therefore bound to have already deposited the ordered Kshs. 650,000, failing which the stay would be discharged and execution would...
Source-derived case information.
- Citation
- [2026] KEHC 10566 (KLR)
- Parties
- Applicant/appellant: SPOTON VACATIONS LTD; 1st Respondent: ALUO JANE NJOKI; Respondent: TERESIA MUTINDI MUNYWOKI
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E1024 of 2024
- Procedural Posture
- Civil Appeal / Application for Variation of Stay Conditions; Ruling on Notice of Motion After Earlier Stay Order
- Outcome
- Application disallowed; conditional stay preserved only upon prompt compliance, failing which it stands discharged.
- Judges
- ["AC Mrima"]
- Legal Topics
- Stay of Execution, Security for Due Performance, Variation of Court Orders, Application Overtaken by Events, Execution Upon Discharge of Stay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SPOTON VACATIONS LTD
Applicant/appellant
ALUO JANE NJOKI
1st Respondent
TERESIA MUTINDI MUNYWOKI
Respondent
Procedural Posture
Civil Appeal / Application for Variation of Stay Conditions; Ruling on Notice of Motion After Earlier Stay Order
Legal Issues
- 1 Whether the applicant should be allowed to vary the deposit schedule imposed as a condition for stay of execution.
- 2 Whether the notice of motion dated 14th October 2025 was overtaken by events.
- 3 What consequential orders should follow if the security deposit is not made.
Ratio Decidendi
The application was disallowed because the time sought for compliance had already lapsed by the time the court addressed it, rendering the request overtaken by events. The applicant was therefore bound to have already deposited the ordered Kshs. 650,000, failing which the stay would be discharged and execution would issue.
Court Disposition
Application disallowed; conditional stay preserved only upon prompt compliance, failing which it stands discharged.
Orders
- The Notice of Motion dated 14th October 2025 is disallowed; costs to be in the appeal.
- If the applicant has not yet deposited Kshs. 650,000, it shall do so within 7 days of the order, failing which the stay order stands discharged/set aside and execution shall issue.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **MILIMANI LAW COURTS** **THE CIVIL APPELLATE DIVISION** ***(Coram: A. C. Mrima, J.)*** **CIVIL APPEAL NO. E1024 OF 2024** ***-versus-*** **SPOTON VACATIONS LTD…...........…....…...APPLICANT/APPELLANT** ***-versus-*** **ALUO JANE NJOKI** **TERESIA MUTINDI MUNYWOKI…..………………………..RESPONDENTS** **RULING NO. 2** 1. On 30th September 2025, this Court delivered Ruling No. 1 and granted a stay of execution of the determination of the decision of the Office of Data Commissioner dated 26th August 2024 on condition that the sum of Kshs. 650,000/= be deposited in Court within 21 days thereof. 2. The Applicant then filed an application by way of a Notice of Motion dated 14th October 2025 seeking to be allowed to deposit the sum of Kshs. 100,000/= within 21 days and the balance of Kshs. 550,000/= within 120 days thereafter. 3. Due to extreme exigencies of work at the Judicial Service Commission where I sit as a commissioner, the instant application was not timeously dealt with. Since the total time sought by the Applicant to deposit the entire sum was 141 days from October 2025, then that time lapsed sometimes in March 2026. As such, the application is overtaken by events and by now, the Applicant ought to have deposited the sum of Kshs. 650,000/= in Court as ordered. 4. Consequently, the following final orders hereby issue: - **[a] The Notice of Motion dated 14th October 2025 is hereby disallowed. Costs thereof shall be in the appeal.** **[b] In the event the Applicant is yet to deposit the sum of Kshs. 650,000/= as ordered on 30th September 2025, it shall do so within 7 days of this order and in default the stay order in force shall stand discharged and/or set aside and execution shall issue.** **[c] The trial file from the Office of the Data Commissioner shall be availed for directions on the hearing of the main appeal.** Orders accordingly. **DELIVERED**, **DATED** and **SIGNED** at **NAIROBI** this **15th** day of **July, 2026.** **A. C. MRIMA** **JUDGE** **Ruling virtually delivered in the presence of:** **Mr. Mburu,** LearnedCounsel for the Applicant. **Mr. Iselio,** LearnedCounsel for the 1st Respondent. **Amina** –Court Assistant.