RULING
1. The Appellant has moved this court vide a Notice of Motion dated 11th June 2026, premised on the provisions of Order 42 Rule 6 of the Civil Procedure Rules, which application is supported by an affidavit Peter Okoth Otieno, sworn on even date and it craves for orders of certification of this application as urgent, orders of stay of execution of the judgment of Hon Manuela. W. Kinyanjui OGW delivered on 14th May 2026 in Milimani SCCCOMM/E98326/2025, pending the hearing of this application inter parte and eventually pending the hearing and determination of this appeal.
2. This court certified the application as urgent on 12th June 2026 and granted the appellant an interim order of stay of execution of the judgment of the subordinate court.
3. When this application came up for hearing inter parte on 24th June 2026, Mr Kioko for the Respondents submitted that his clients were not opposed to the appellant’s application save for security in form of the counter - claim judgment sum of Kshs 112,500 be deposited in court.
4. Mr Okumu for the appellant submitted that the appellant was grateful for the concession made by the respondents and was ready and willing to deposit, within 30 days, the entire decretal sum in court as security for the due settlement of the judgment sum in the event that the appeal does not succeed.
5. I have duly considered the application herein, the affidavit sworn in support thereof and I have also considered the submissions of parties’ counsels and I do find that the application herein is well merited and I allow it.
6. The orders that commend themselves to this court are as follows:
i) An order of stay of execution is hereby granted in respect of the judgment delivered on 8th may 2026 in Milimani SCCCOM/E98326/2025 until the appeal herein is heard and determined on the following conditions;
a) The appellant to deposit, within 30 days from the date hereof, the entire decretal sum of Kshs 112,500/= in court.
b) In the event of default in compliance with order 1(a) hereinabove, the stay order shall automatically lapse and the respondents shall be at liberty to execute.
ii) The appellant shall meet it’s own costs of this application.
IT IS HERBY SO ORDERED
Delivered, Dated and Signed at Milimani this 24th day of June 2026.
M. S. Shariff
Judge
1. The Appellant has moved this court vide a Notice of Motion dated 11th June 2026, premised on the provisions of Order 42 Rule 6 of the Civil Procedure Rules, which application is supported by an affidavit Peter Okoth Otieno, sworn on even date and it craves for orders of certification of this application as urgent, orders of stay of execution of the judgment of Hon Manuela. W. Kinyanjui OGW delivered on 14th May 2026 in Milimani SCCCOMM/E98326/2025, pending the hearing of this application inter parte and eventually pending the hearing and determination of this appeal.
2. This court certified the application as urgent on 12th June 2026 and granted the appellant an interim order of stay of execution of the judgment of the subordinate court.
3. When this application came up for hearing inter parte on 24th June 2026, Mr Kioko for the Respondents submitted that his clients were not opposed to the appellant’s application save for security in form of the counter - claim judgment sum of Kshs 112,500 be deposited in court.
4. Mr Okumu for the appellant submitted that the appellant was grateful for the concession made by the respondents and was ready and willing to deposit, within 30 days, the entire decretal sum in court as security for the due settlement of the judgment sum in the event that the appeal does not succeed.
5. I have duly considered the application herein, the affidavit sworn in support thereof and I have also considered the submissions of parties’ counsels and I do find that the application herein is well merited and I allow it.
6. The orders that commend themselves to this court are as follows:
i) An order of stay of execution is hereby granted in respect of the judgment delivered on 8th may 2026 in Milimani SCCCOM/E98326/2025 until the appeal herein is heard and determined on the following conditions;
a) The appellant to deposit, within 30 days from the date hereof, the entire decretal sum of Kshs 112,500/= in court.
b) In the event of default in compliance with order 1(a) hereinabove, the stay order shall automatically lapse and the respondents shall be at liberty to execute.
ii) The appellant shall meet it’s own costs of this application.
IT IS HERBY SO ORDERED
Delivered, Dated and Signed at Milimani this 24th day of June 2026.
M. S. Shariff
Judge