Thuo v Gakinya t/a Hari Gakinya & Co Advocates (Civil Suit 54 of 2015) [2026] KEHC 4750 (KLR) (13 April 2026) (Ruling)

Thuo v Gakinya t/a Hari Gakinya & Co Advocates (Civil Suit 54 of 2015) [2026] KEHC 4750 (KLR) (13 April 2026) (Ruling)

The Applicant was served with multiple Notices to Show Cause and actively participated in execution proceedings. The warrant of arrest was issued properly in light of persistent default and repeated indulgence. There is no procedural irregularity or legal basis to set aside the warrant.

Citation
[2026] KEHC 4750 (KLR)
Parties
Decree Holder/respondent: John Gichiri Thuo; Judgment Debtor/applicant: Hari Gakinya t/a Hari Gakinya & Co Advocates
Court
High Court
Jurisdiction
Kenya
Judgment Date
13 April 2026
Case Number
Civil Suit 54 of 2015
Procedural Posture
Civil Suit / Ruling on Notice of Motion for Stay and Setting Aside Warrant of Arrest
Outcome
application dismissed
Legal Topics
Execution of Decrees, Warrant of Arrest, Notice to Show Cause, Consent Judgment, Procedural Compliance
Source Language
English
Civil Procedure Debt Recovery Execution of Decrees Warrant of Arrest Notice to Show Cause Consent Judgment Procedural Compliance

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Parties

John Gichiri Thuo

Decree Holder/respondent

Hari Gakinya t/a Hari Gakinya & Co Advocates

Judgment Debtor/applicant

Procedural Posture

Civil Suit / Ruling on Notice of Motion for Stay and Setting Aside Warrant of Arrest

Legal Issues

  1. 1 Whether the warrant of arrest issued against the Applicant should be stayed or set aside for non-compliance with Order 22 Rules 18 and 35 of the Civil Procedure Rules

Ratio Decidendi

The Applicant was served with multiple Notices to Show Cause and actively participated in execution proceedings. The warrant of arrest was issued properly in light of persistent default and repeated indulgence. There is no procedural irregularity or legal basis to set aside the warrant.

Court Disposition

application dismissed

Orders

  • Notice of Motion dated 10th August 2025 dismissed with costs to the Respondent