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High Court granted stay of execution pending appeal, finding the appeal arguable, the application timely, and the appellant had complied with the security order.
Okuku v Oyieyo (Environment and Land Miscellaneous Application E002 of 2023) [2026] KEELC 2742 (KLR) (7 May 2026) (Ruling)
The Applicant failed to prove the outcome of the appeal or show any legal basis for refund of the Kshs. 200,000 security deposit. Since the appeal had been dismissed and the lower court decree and appeal costs remained unpaid, the deposit continued to serve its original purpose and could not be released to the Applicant; it was to be held for partial settlement in favour of the Respondent.
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