' I have read the applicant''s application dated 15 September 2025, seeking review of my previous orders and, in particular, seeking that I grant an order for stay of execution pending the hearing of the main motion. First, to correct that applicant, the court has not "put the applicant at the mercy of the respondent" as pleaded by the applicant''s counsel. I suppose the decree to be executed is a culmination of a judicial process in the lower court. This Honourable Court had nothing to do with that process and the ultimate decision of the lower court.
The second issue, which I restrained myself from mentioning when the applicant first approached the court but which I now have to mention in view of the applicant''s sentiments, is that, under Orer 42 rule 6 of the Civil Procedure Rules, which the applicant has invoked, this Honourable Court is seized of jurisdiction to entertain an application for stay of execution pending appeal only after an appeal has been filed. As far as I gather from the applicant''s application, there is no appeal before court yet, and, as a matter of fact, the applicant is seeking extension of time to file the appeal. In these circumstances, I find no reason to review my previous directions that the applicant''s main application be mentioned before, Mutai, J. on 6 October 2025. It is so ordered.
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The second issue, which I restrained myself from mentioning when the applicant first approached the court but which I now have to mention in view of the applicant''s sentiments, is that, under Orer 42 rule 6 of the Civil Procedure Rules, which the applicant has invoked, this Honourable Court is seized of jurisdiction to entertain an application for stay of execution pending appeal only after an appeal has been filed. As far as I gather from the applicant''s application, there is no appeal before court yet, and, as a matter of fact, the applicant is seeking extension of time to file the appeal. In these circumstances, I find no reason to review my previous directions that the applicant''s main application be mentioned before, Mutai, J. on 6 October 2025. It is so ordered.
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