Wangari & another v Muchiri (Civil Appeal E286 of 2025) [2026] KEHC 5854 (KLR) (30 April 2026) (Ruling)

Wangari & another v Muchiri (Civil Appeal E286 of 2025) [2026] KEHC 5854 (KLR) (30 April 2026) (Ruling)

Applicants failed to demonstrate substantial loss, did not offer security, and grounds of appeal do not raise arguable points of law. Application for stay of execution pending appeal does not meet the threshold under Order 42 Rule 6 of the Civil Procedure Rules.

Citation
[2026] KEHC 5854 (KLR)
Parties
1st Appellant/applicant: Rahab Wangari; 2nd Appellant/applicant: Tranguin Trevor Kanyi Ndirangu; Respondent: Margaret Wambui Muchiri
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Civil Appeal E286 of 2025
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs
Legal Topics
Stay of Execution, Appeals, Default Judgment, Security for Costs
Source Language
English
Civil Procedure Stay of Execution Appeals Default Judgment Security for Costs

Case Brief

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Parties

Rahab Wangari

1st Appellant/applicant

Tranguin Trevor Kanyi Ndirangu

2nd Appellant/applicant

Margaret Wambui Muchiri

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants have satisfied the conditions for stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules

Ratio Decidendi

Applicants failed to demonstrate substantial loss, did not offer security, and grounds of appeal do not raise arguable points of law. Application for stay of execution pending appeal does not meet the threshold under Order 42 Rule 6 of the Civil Procedure Rules.

Court Disposition

application dismissed with costs

Orders

  • application dated and amended on 27th November 2025 dismissed with costs