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Kenya decisions
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Chile Kenya Motors Limited v Itotia & 2 others [2025] KEHC 10374 (KLR)
High Court stay application allowed for a civil appeal, on condition that the unsettled decretal sum be deposited in court. The court found the appeal arguable and delay absent.
Njoroge & another v Thiong’o (Suing as Legal Representative of the Estate of John Wanjohi Wangeci (Deceased)) [2025] KEHC 10041 (KLR)
The court found that while the appellants failed to explain the one-month delay in bringing the application, which was deemed unreasonable, they nonetheless expressed readiness to provide security for costs and substantially complied with the legal requirements for stay of execution. The appellants did not provide evidence of the respondent’s inability to refund the decretal sum, but the court noted that half of the decretal sum had already been paid to the respondent pursuant to a previous court order. Balancing the interests of both parties and considering the partial satisfaction of the de…
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University of Nairobi v M [2025] KEELRC 2031 (KLR)
The court found that the applicant, University of Nairobi, had satisfied the requirements for a stay of execution pending appeal. The application was filed without delay, and the judgment sum was substantial. The respondent, being retired, had not demonstrated financial capacity to refund the decretal sum if the appeal succeeded, creating a real risk of the appeal being rendered nugatory. The court held that as a public university funded by the exchequer, the applicant was exempt from providing security for costs under Order 42 Rule 8 of the Civil Procedure Rules. The court further found that…
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Waecom Self Selection Limited v Simiyu [2025] KEELRC 1822 (KLR)
The court found that the delay in filing the appeal was satisfactorily explained by the applicant, considering the short period of delay, the reasons advanced (late access to judgment, office closure, advocate resignation), and the overall interests of justice. The respondent would not suffer prejudice if leave was granted. On stay of execution, the court held that the applicant demonstrated a likelihood of substantial loss if execution proceeded, as the respondent had not shown ability to refund the decretal sum if the appeal succeeded. The application was made without unreasonable delay. Th…
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Wangechi & 2 others v Gakuru & another [2025] KEHC 8675 (KLR)
The High Court granted leave to appeal out of time and stayed execution, subject to deposit of KES 2,131,500 in court within 14 days.
Vishva Builders Limited v Musindalo [2025] KEELRC 1768 (KLR)
The court found that it retained jurisdiction to hear the application for stay of execution pending appeal to the Court of Appeal, as Rule 21(2) of the Employment and Labour Relations Court (Procedure) Rules, 2024, applies to appeals within the court and not to appeals to the Court of Appeal. However, the applicant failed to demonstrate sufficient grounds for grant of stay. The applicant did not specify the grounds of appeal or show that the appeal would be rendered nugatory if stay was not granted, especially as the decree was a money decree and the respondent's means were not adequately cha…
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APA Homes (K) Limited v Omar & another [2025] KECA 1035 (KLR)
The Court of Appeal dismissed an application for stay of execution, finding the appeal arguable but not nugatory, and ordered deposit of Kshs.16 million in escrow.
Ketraco & another v Githinji [2025] KEHC 9381 (KLR)
The High Court at Makueni declined leave to appeal out of time and, as a result, refused stay of execution. The applicants had not satisfactorily explained the delay.
Julius v Motrex Limited & another [2025] KECA 895 (KLR)
The Court of Appeal dismissed an application for stay of execution, finding the appeal arguable but not shown to be nugatory if stay was refused.
Kurgat t/a Cheronok Wholesalers & another v Turbo Highway Eldoret Ltd [2025] KEHC 7470 (KLR)
High Court ruling allowing a stay of execution pending appeal in a money decree, on condition that the decretal sum be deposited in a joint interest-earning account.
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