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Kenya decisions
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RPB v SPK [2025] KEHC 10456 (KLR)
The High Court granted a conditional stay of execution pending appeal, requiring the applicant to deposit KES 2,610,000 as security and to prosecute the appeal.
C H P v P M C [2017] KEHC 8402 (KLR)
High Court declined to stay maintenance and rent orders pending appeal in a matrimonial dispute, holding the applicant had not shown substantial loss.
A.M.M v B.M.M [2014] KEHC 701 (KLR)
The High Court dismissed an interlocutory application for maintenance pending appeal in a divorce-related matter, holding it could not determine the merits at that stage.
R J W v F M W [2014] KEHC 7615 (KLR)
The court found that the applicant had established that he would suffer substantial loss if the respondent was allowed back into the ranch, as the dispute was not only matrimonial but also involved the management of a company subject to ongoing court proceedings. The court held that the purpose of a stay is to preserve the status quo pending appeal, and that allowing the respondent to return could render the intended appeal nugatory. The court considered the applicant's offer to pay GBP 100,000 as reasonable security for the respondent's accommodation and maintenance, and determined that this…
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M S A v P K A [2013] KEHC 1942 (KLR)
The High Court stayed a maintenance application pending appeal after holding it could not grant ancillary relief based on a marriage already declared null and void.
L.T.K v C.N.K [2012] KEHC 5056 (KLR)
The court held that the appellant's application for stay of execution was made without unreasonable delay, as it was filed 21 days after the lower court's order. The court found that requiring the appellant to pay Ksh 70,000 per month as maintenance, without a detailed affidavit of means, could result in substantial financial loss and embarrassment, given his obligation to maintain two households. The court further held that the appellant's alleged contempt did not bar him from being heard, as he was seeking to challenge and stay the order in question, which falls within the exceptions recogn…
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P.K.A v M.S.A [2009] KECA 45 (KLR)
Court of Appeal partially allowed a stay application pending appeal, granting an injunction to preserve the applicant’s occupation of the matrimonial home but refusing stay of the judgment and maintenance relief.
NASRA ABDULWAHAB AHMED v MOHAMED BAKHRESSA [2007] KECA 53 (KLR)
The Court of Appeal held that the intended appeal was arguable, particularly on the issues of the applicability of the benami principle to Kenyan Muslims and whether the High Court should have made a determination on that issue at the interlocutory stage. The Court further found that refusal to grant a partial stay would render the appeal nugatory, as the applicant would be deprived of all means of maintenance pending the appeal, potentially causing irreparable hardship. However, the Court balanced the interests of both parties by allowing the collection of rent from the subject properties to…
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S N K v M S K [2006] KECA 101 (KLR)
Conditional stay of execution was granted pending appeal, with monthly maintenance, school fees, and preservation orders over the disputed matrimonial property.
DR. WILSON MWONGA NGOKA vs ANNE NDINDA NGOKA [1998] KECA 137 (KLR)
The Court of Appeal granted a conditional stay of execution in a maintenance matter, requiring a lump sum, monthly payments, and auctioneers’ charges pending appeal.
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