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Mwatha v Karanja [2025] KEHC 6146 (KLR)
The High Court dismissed an application for stay of execution pending appeal, finding unexplained delay and no offer of security, though substantial loss was shown.
Volex General Motors (K) Limited v Ukhevi [2025] KEHC 4784 (KLR)
High Court dismissed an application for stay of execution pending appeal, finding a 23-month delay unexplained and the claim of substantial loss unproven.
Diamond Shipping Services Limited v Kencott CFS & 3 others [2025] KEHC 1381 (KLR)
The High Court in Mombasa dismissed an application for stay of execution pending appeal, finding a ten-month delay was unreasonable and unexplained.
Muli v Kive [2024] KEHC 13746 (KLR)
The court found that the applicant demonstrated substantial loss due to the imminent threat of execution, as the respondent had already initiated execution proceedings. However, the court noted that there was undue delay in filing the application for stay, as the application was filed several months after the judgment. The applicant's willingness to deposit the entire decretal sum in a joint interest earning account was considered a mark of good faith and satisfied the requirement for security. Balancing the interests of both parties, the court exercised its discretion to grant a conditional…
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Odula v Wasianju [2024] KEELC 6068 (KLR)
The court found that the application for stay of execution was filed 28 days after the judgment without any explanation, constituting unreasonable delay. The applicant failed to demonstrate any specific facts or factors that would amount to substantial loss if stay was not granted, merely making general assertions of irreparable loss and prejudice. Furthermore, the applicant did not offer any security for the due performance of the decree as required by law. As all three mandatory conditions for the grant of stay of execution pending appeal were not satisfied, the application was found to be…
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Baudry v Kiraya [2024] KEELC 4988 (KLR)
The Environment and Land Court at Nakuru dismissed a request for stay of execution pending appeal, finding unexplained delay, no proved substantial loss, and no security offered.
Oagare v Bank of Africa Kenya Limited & another [2024] KEHC 2813 (KLR)
The court found that the applicant failed to satisfy the mandatory requirements for stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules. Specifically, the applicant did not demonstrate that he would suffer substantial loss if stay was not granted, as the decree was a money decree and the respondent, a reputable bank, was capable of refunding the decretal sum if the appeal succeeded. The court also found that the application was filed with unreasonable delay, two months after judgment, without adequate explanation for the delay. Furthermore, the applicant did no…
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Kirui v Kipkurgat [2023] KEELC 20001 (KLR)
The court dismissed an application for stay of execution pending appeal for failure to show substantial loss, unexplained delay, and lack of security.
Republic v Wefofwa [2023] KEHC 20751 (KLR)
The High Court at Eldoret quashed murder proceedings and acquitted the accused after finding an inordinate, unexplained prosecution delay that violated the right to a fair trial.
Njiiri v Director of Public Prosecutions & another; Kenya Airways (Interested Party) [2023] KEHC 19631 (KLR)
The High Court dismissed a constitutional petition alleging unreasonable trial delay and improper withdrawal of charges against a co-accused in a criminal case.
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