Ruling
1. Whereas on 4.8.2025 I had certified the appellant's notice of motion dated 1st August 2025 as urgent and I had directed that the same be served within 2 days and responses be filed within 5 days for an inter partes hearing today on 11.8.2025, given that I had also granted the appellant interim orders of stay of execution of the impugned judgment, Mr Shikhu counsel for the appellant has despite submitting that the application had been served upon the respondents, failed to prove service. In the absence of service, the respondents could not have had notice of this court's directions and orders of 4th August 2025.
2. It is unfortunate that the appellant who obtained ex parte orders of stay opted to go on a slumber immediately thereafter. In light of this lethargy on the part of the appellant, I do hereby set aside the order certifying this application as urgent and this application shall be mentioned on 24.11.2025 for purposes of taking fresh directions.
3. The order of stay of execution lapses today and the same shall not be extended.
4. The appellant is directed to serve the respondents with his application and these directions, as it is apparent that the application had not been served in the first instance.
Delivered, Signed and dated at Bungoma this 11th day of August 2025.
Mwanaisha S Shariff
Judge
1. Whereas on 4.8.2025 I had certified the appellant's notice of motion dated 1st August 2025 as urgent and I had directed that the same be served within 2 days and responses be filed within 5 days for an inter partes hearing today on 11.8.2025, given that I had also granted the appellant interim orders of stay of execution of the impugned judgment, Mr Shikhu counsel for the appellant has despite submitting that the application had been served upon the respondents, failed to prove service. In the absence of service, the respondents could not have had notice of this court's directions and orders of 4th August 2025.
2. It is unfortunate that the appellant who obtained ex parte orders of stay opted to go on a slumber immediately thereafter. In light of this lethargy on the part of the appellant, I do hereby set aside the order certifying this application as urgent and this application shall be mentioned on 24.11.2025 for purposes of taking fresh directions.
3. The order of stay of execution lapses today and the same shall not be extended.
4. The appellant is directed to serve the respondents with his application and these directions, as it is apparent that the application had not been served in the first instance.
Delivered, Signed and dated at Bungoma this 11th day of August 2025.
Mwanaisha S Shariff
Judge