1. This application was brought through a Notice of Motion dated 8 th July, 2026, where the Applicant sought for orders thus;
1) Spent.
2) That pending the hearing and determination of the application inter-parties, there be a stay of execution of the judgment delivered on 17 th June, 2026, decree and all consequential orders arising therefrom in Nyahururu MCCHC No. E026 of 2024 Daniel Wachira Mwangi v Peris Wambui Wairimu.
3) That pending the hearing and determination of the Applicant’s appeal, there be a stay of the judgment delivered on 17 th June, 2026, decree and all consequential orders arising therefrom delivered in Nyahururu MCCHC No. E026 of 2024 Daniel Wachira Mwangi v Peris Wambui Wairimu.
2. The application is supported by sworn affidavit of the Applicant on grounds thus;
1. That the Appellant/Applicant dissatisfied and aggrieved by the judgment delivered on the 17 th June, 2026 has filed an appeal.
2. That the appeal has already been preferred, raises salient and/or pertinent issues of law and facts hence has overwhelming chances of success.
3. That the Appellant has already been served with an order compelling her to release the subjects to the Respondent herein.
4. That the Respondent herein shall certainly proceed with the execution of the said judgment appealed against which will be detrimental and prejudicial to the subjects herein as the same is not to their best interests.
5. That the Respondent has not been in the lives of the minors since the year 2018 thus the subjects are not familiar with him and the same may prejudice the subjects’ psychologically not mentioning the emotional well-being of the children/minors.
6. That the subjects are school going children and since the parties herein do not live in the same area, the subjects will be forced to stop going to school awaiting the current transfer process which takes some time thus interfering with their right to education.
7. That the prayers sought will not in anyway prejudice the Respondent as the same are in the best interest of the subjects.
8. That the prayers sought are necessary and we pray that the same be allowed for the best interest of justice and that of the children herein.
3. When the application came up for hearing learned counsel, Ms. Njoki Mureithi for the Respondent notified the court that the application being a children’s matter, status quo could be maintained. The Applicant’s learned counsel, Mr. Gakenia Gicheru agreed to the proposal. It is hence ordered that status quo in Nyahururu MCCHC No. E026 of 2024 be maintained pending hearing and determination of the appeal.
4. Orders Accordingly.
Dated, signed and delivered virtually this 23 rd July, 2026.
HC FAM APPEAL. E006 OF 2026 (RUL.) Page 2 of 2
1) Spent.
2) That pending the hearing and determination of the application inter-parties, there be a stay of execution of the judgment delivered on 17 th June, 2026, decree and all consequential orders arising therefrom in Nyahururu MCCHC No. E026 of 2024 Daniel Wachira Mwangi v Peris Wambui Wairimu.
3) That pending the hearing and determination of the Applicant’s appeal, there be a stay of the judgment delivered on 17 th June, 2026, decree and all consequential orders arising therefrom delivered in Nyahururu MCCHC No. E026 of 2024 Daniel Wachira Mwangi v Peris Wambui Wairimu.
2. The application is supported by sworn affidavit of the Applicant on grounds thus;
1. That the Appellant/Applicant dissatisfied and aggrieved by the judgment delivered on the 17 th June, 2026 has filed an appeal.
2. That the appeal has already been preferred, raises salient and/or pertinent issues of law and facts hence has overwhelming chances of success.
3. That the Appellant has already been served with an order compelling her to release the subjects to the Respondent herein.
4. That the Respondent herein shall certainly proceed with the execution of the said judgment appealed against which will be detrimental and prejudicial to the subjects herein as the same is not to their best interests.
5. That the Respondent has not been in the lives of the minors since the year 2018 thus the subjects are not familiar with him and the same may prejudice the subjects’ psychologically not mentioning the emotional well-being of the children/minors.
6. That the subjects are school going children and since the parties herein do not live in the same area, the subjects will be forced to stop going to school awaiting the current transfer process which takes some time thus interfering with their right to education.
7. That the prayers sought will not in anyway prejudice the Respondent as the same are in the best interest of the subjects.
8. That the prayers sought are necessary and we pray that the same be allowed for the best interest of justice and that of the children herein.
3. When the application came up for hearing learned counsel, Ms. Njoki Mureithi for the Respondent notified the court that the application being a children’s matter, status quo could be maintained. The Applicant’s learned counsel, Mr. Gakenia Gicheru agreed to the proposal. It is hence ordered that status quo in Nyahururu MCCHC No. E026 of 2024 be maintained pending hearing and determination of the appeal.
4. Orders Accordingly.
Dated, signed and delivered virtually this 23 rd July, 2026.
HC FAM APPEAL. E006 OF 2026 (RUL.) Page 2 of 2