ORDERS
THIS MATTER is an Application filed under a Certificate of Urgency by Audrey Mwira Advocate, Notice of Motion and supporting Affidavit by Audrey Mwira evenly dated 14th February 2026, coming up before Hon. Justice Mohochi S.M. AND UPON READING the Summons together with the supporting Affidavit. The court is persuaded that no prejudice shall be occasioned upon the Respondents is the Application was to be considered ex-parte and thus direct and Orders as follows;
IT IS HEREBY ORDERED;
1. THAT, this Application is certified as urgent shall be heard ex-parte with its service being dispensed with in the 1st instance.
2. A Thirty (30) Day leave to appeal out of time in respect to the judgment/decree delivered in Nakuru CMCC 948 OF 2019 by Hon.Cynthia Muhoro (SRM) Is hereby granted to the Applicant.
3. A Conditional Order of stay against execution of the judgment and/or the decree delivered on or 15th January,2026 in Nakuru CМСС 948 OF 2019 and all consequential orders arising therefrom pending the hearing and determination of the intended Appeal herein.
4. An Order is hereby issued that shall One-half (1/2) of the Decretal sum of Kshs.735,330/= being Kshs. 367,665/= shall be deposited by the Applicant in a Joint interest earning bank account in the names of both the advocates, as security for costs within the next thirty (days) from today.
5. An Order is hereby issued that shall One-half (1/2) of the Decretal sum Kshs.735,330/= being Kshs. 367,665/= shall be forthwith paid by the Applicant to the Respondent within the next thirty (days) from today.
6. Any default by the Applicant, of the condition(s) set-out in paragraphs 4 and 5 above shall automatically vacate the Conditional Order of stay granted herein.
7. The Applicant shall serve the Application together with the resultant orders upon the Respondents within the next Three (3) Days
8. THAT an inter-parte Mention to confirm compliance and conclude the proceedings shall be on the 16th April 2026.
GIVEN under the Hand and Seal of this Court on this 17th February 2026
______________________
Mohochi S.M
Judge
THIS MATTER is an Application filed under a Certificate of Urgency by Audrey Mwira Advocate, Notice of Motion and supporting Affidavit by Audrey Mwira evenly dated 14th February 2026, coming up before Hon. Justice Mohochi S.M. AND UPON READING the Summons together with the supporting Affidavit. The court is persuaded that no prejudice shall be occasioned upon the Respondents is the Application was to be considered ex-parte and thus direct and Orders as follows;
IT IS HEREBY ORDERED;
1. THAT, this Application is certified as urgent shall be heard ex-parte with its service being dispensed with in the 1st instance.
2. A Thirty (30) Day leave to appeal out of time in respect to the judgment/decree delivered in Nakuru CMCC 948 OF 2019 by Hon.Cynthia Muhoro (SRM) Is hereby granted to the Applicant.
3. A Conditional Order of stay against execution of the judgment and/or the decree delivered on or 15th January,2026 in Nakuru CМСС 948 OF 2019 and all consequential orders arising therefrom pending the hearing and determination of the intended Appeal herein.
4. An Order is hereby issued that shall One-half (1/2) of the Decretal sum of Kshs.735,330/= being Kshs. 367,665/= shall be deposited by the Applicant in a Joint interest earning bank account in the names of both the advocates, as security for costs within the next thirty (days) from today.
5. An Order is hereby issued that shall One-half (1/2) of the Decretal sum Kshs.735,330/= being Kshs. 367,665/= shall be forthwith paid by the Applicant to the Respondent within the next thirty (days) from today.
6. Any default by the Applicant, of the condition(s) set-out in paragraphs 4 and 5 above shall automatically vacate the Conditional Order of stay granted herein.
7. The Applicant shall serve the Application together with the resultant orders upon the Respondents within the next Three (3) Days
8. THAT an inter-parte Mention to confirm compliance and conclude the proceedings shall be on the 16th April 2026.
GIVEN under the Hand and Seal of this Court on this 17th February 2026
______________________
Mohochi S.M
Judge