(Appeal from judgement and decree, of Hon. Kassim Akida, Resident Magistrate/Adjudicator, delivered on 30th December 2025, in Busia SCCCOMM No. E332 of 2025)
1. I am called upon to determine an application, dated 21st January 2026. It seeks stay of execution pending appeal. An appeal has been filed herein, and the application herein is filed within the appeal.
2. To do justice to both sides, I do hereby allow the said application. Let the appellant deposit in court the total decretal sum of Kshs. 89,959.00, in 30 days, in default of which the stay order shall automatically lapse.
3. Let the appellant file and serve his record of appeal, within 30 days. The matter shall be mentioned, on 14th May 2026, for directions on disposal of the appeal. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT MILIMANI, NAIROBI, ON THIS 10TH DAY OF APRIL 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Kakinga, instructed by Bitala & Kakinga, Advocates for the appellant.
Mr. Okutta, instructed by Ouma-Okutta & Associates, Advocates for the respondent.
1. I am called upon to determine an application, dated 21st January 2026. It seeks stay of execution pending appeal. An appeal has been filed herein, and the application herein is filed within the appeal.
2. To do justice to both sides, I do hereby allow the said application. Let the appellant deposit in court the total decretal sum of Kshs. 89,959.00, in 30 days, in default of which the stay order shall automatically lapse.
3. Let the appellant file and serve his record of appeal, within 30 days. The matter shall be mentioned, on 14th May 2026, for directions on disposal of the appeal. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT MILIMANI, NAIROBI, ON THIS 10TH DAY OF APRIL 2026.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Kakinga, instructed by Bitala & Kakinga, Advocates for the appellant.
Mr. Okutta, instructed by Ouma-Okutta & Associates, Advocates for the respondent.