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JudgmentDEVELOPMENT BANK OF KENYA LTD VS AMBROSE DICKSON OTIENO RACHIER AND OTIENDE AMOLLO AND 3 Others1 min read

DEVELOPMENT BANK OF KENYA LTD VS AMBROSE DICKSON OTIENO RACHIER AND OTIENDE AMOLLO AND 3 Others

High Court at Milimani High Court · · Wananda John Robert Anuro

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1. Before me is the Application dated 22/6/2026 filed yesterday, 22/6/2026. The same seeks to stay these proceedings, particularly commencement of the hearing fixed for tomorrow, 24/6/2026. In the order I made yesterday when the Application was brought before me under Certificate of Urgency, I observed that the Ruling the subject of the Application was delivered in February 2026, 4 months ago, and a hearing date fixed for the trial. I also pointed out that the Application had been filed almost on the eve of the hearing date.

2. I have posed the above questions to Dr. Arwa today. In respect to the delay, although he has stated orally that it was because he was away, there are no averments in the Affidavit stating so at all. There is therefore no explanation for the delay.

3. I have also not been persuaded that commencement of the trial shall render the Appeal nugatory in any way since the Court of Appeal can still overturn whatever orders may be granted herein.

4. In the circumstances, I decline to stay or adjourn the hearing scheduled for tomorrow. The Applicant can pursue the Appeal even as this trial proceeds.

5. The hearing shall therefore proceed as scheduled, and if the Applicant insists on proceeding with the Application, then directions thereon shall be taken tomorrow.

DELIVERED, DATED AND SIGNED AT NAIROBI THIS 23 RD DAY OF JUNE 2026

……………………..

WANANDA JOHN R. ANURO

JUDGE

Delivered in the presence of:

Njoroge Regeru SC for the Plaintiff with Ms Mathagani

Dr. Arwa for the 2 nd – 5 th Defendants

No appearance for other parties

Court Assistant: Amos

Milimani High Court Civil Case No. 71 of 2019