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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.
Ndegwa v Amollo & 3 others [2025] KEHC 10525 (KLR)
The High Court granted a conditional stay of execution pending appeal, requiring deposit of half the decretal sums within 21 days. Proceedings in the related test-suit matters were not stayed.
Mugambi & another v Nzioka [2025] KEHC 10315 (KLR)
The High Court at Meru dismissed an application to review and vary a stay condition, holding that no basis for review was shown and a declaratory suit against an insurer did not bar execution.
Reli Savings and Credit Co-operative Society Limited v Sinohydro Corporation Limited [2025] KEELC 4990 (KLR)
The court allowed a stay application in part, releasing Kshs. 50 million to the plaintiff and staying execution for the Kshs. 80 million balance pending appeal.
Eleete Interiors Limited v Stanbic Bank Kenya Limited [2025] KEHC 9530 (KLR)
The court found that the applicant had not conclusively demonstrated substantial loss but, guided by the overriding objective and the need to balance the interests of both parties, exercised its discretion to grant a conditional stay of execution. The court held that the applicant must pay half of the decretal sum to the respondent and deposit the balance in a joint interest-earning account or provide a bank guarantee for the balance. Failure to comply with these conditions within 30 days would result in automatic dismissal of the application. The court emphasized that the principles under Or…
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Abdullahi v Medina Bus Services Limited & another [2025] KEHC 9174 (KLR)
High Court at Machakos partly granted a stay of execution pending appeal, but declined to stay related proceedings in other cases.
Kilonzo v Ndithya & another (Suing as Administrators of the Estate of the Late Faith Kaidi Ndithya (Deceased)) [2025] KEHC 9547 (KLR)
The High Court granted leave to appeal out of time and stay of execution, on terms including partial payment, deposit of the balance, and costs.
Platinum Credit Limited v Malia [2025] KEHC 8826 (KLR)
The High Court discharged a stay of execution after the decretal sum was fully paid and ordered release of the security deposit to the appellant.
Scott Bowerbank Day v Victory Farms Limited [2025] KEELRC 1842 (KLR)
The court held that while the applicant demonstrated substantial loss by raising reasonable apprehension about recovering the decretal sum if paid out and the appeal succeeded, the applicant failed to satisfy the mandatory requirement of providing security for the due performance of the decree as stipulated under Order 42 Rule 6(2)(b) of the Civil Procedure Rules. The court emphasized that the provision of security is not discretionary but compulsory, and the applicant's reliance on maintaining the status quo was insufficient. The absence of any offer or deposit of security rendered the appli…
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Meso & another (Suing as Representatives of the Estate of Boaz Wafula Meso , 1st Deceased and Monica Akinyi Meso, 2nd Deceased) v City Hopper Limited [2025] KEHC 8296 (KLR)
The court found that the Applicant had expressed a reasonable apprehension that it would suffer substantial loss if stay was denied, given the large decretal sum and the Respondents' failure to demonstrate their ability to refund the amount if the appeal succeeded. The court held that the burden to prove means shifted to the Respondents, who did not discharge it. The court also found that the moratorium on Invesco Assurance Co. Ltd had expired and was not a valid ground for stay. Although there was some delay in filing the application, it was not so inordinate as to prejudice the Respondents,…
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