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Kenya decisions
Decisions matching the current search
The High Court granted a conditional stay of execution pending appeal, ordered the full decretal sum to be deposited in a joint account, and allowed counsel to come on record.
The Court of Appeal allowed an application to extend time for filing an appeal, holding the brief delay was plausibly explained by counsel’s spouse’s illness.
Osumo v County Government of Nyamira (Civil Appeal E029 of 2026) [2026] KEHC 13255 (KLR) (30 July 2026) (Ruling)
High Court allowed a stay of proceedings pending appeal, finding the challenge to service of summons arguable and holding that continued proceedings could render the appeal nugatory.
The High Court allowed an application to appeal out of time, finding the delay inordinate but excused by the interests of justice and arguable grounds of appeal.
The Court of Appeal declined to extend time for Solomon Oluoch Owino to appeal, finding the 15-year delay unexplained and the intended appeal insufficiently shown.
The Court of Appeal extended time to file and serve a notice of appeal, finding a 5-day delay was short, plausibly explained, and caused no prejudice.
The Court of Appeal dismissed KETRACO’s stay application, holding the intended appeal was not arguable because leave to appeal had not been shown and the garnishee order nisi was preservatory.
Court of Appeal dismissed an application for stay and injunction pending appeal over charged property, holding the impugned ruling was negative and the nugatory test was not met.
The Court of Appeal dismissed a Rule 5(2)(b) motion for stay of execution pending appeal, holding the nugatory test was not met.
Application for stay and injunction pending appeal dismissed in a succession dispute over distribution of an intestate estate.
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