I have read the defendant’s notice of motion dated 11 th March 2026 which seeks to arrest my judgment set to be delivered this morning and to have leave for the defendant to file witness statements and bundle of documents and the matter to start de novo . I have also read the supporting affidavit of the defendant sworn the same date. The ground of the application is that the defendant’s previously appointed advocates did not update him and consequently he was not aware of the proceedings until 5 th March 2026.
I have considered the grounds of the application and reasons given in the supporting. I am not convinced that the defendant deserves the orders. The defence in this matter was field on 26-09-2024. The defendant’s appointed advocates were served with hearing notices all through. I do not wish to say much about the sequence of events from the date of filing the defence to the date the defendant allegedly learned of the status of this matter for reason that I am considering the application ex-parte and that the parties may after my judgment present the same arguments in a possible application of different nature.
The defendant has not told the court why it took him more than a week to file this application after discovering that the matter was pending for judgment today. The application was drawn on 11 th March 2026 but the same was not filed until 12-03-2018 at 17.18 hours. This was after the court had dealt with certificates for the day and closed business. I take this as an attempt to frustrate the process of the court. The defendant still has remedies available to him after the judgment is delivered.
I decline to arrest the judgment as prayed.
Dated, signed and delivered at Nairobi this 13 th day of March 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT .
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I have considered the grounds of the application and reasons given in the supporting. I am not convinced that the defendant deserves the orders. The defence in this matter was field on 26-09-2024. The defendant’s appointed advocates were served with hearing notices all through. I do not wish to say much about the sequence of events from the date of filing the defence to the date the defendant allegedly learned of the status of this matter for reason that I am considering the application ex-parte and that the parties may after my judgment present the same arguments in a possible application of different nature.
The defendant has not told the court why it took him more than a week to file this application after discovering that the matter was pending for judgment today. The application was drawn on 11 th March 2026 but the same was not filed until 12-03-2018 at 17.18 hours. This was after the court had dealt with certificates for the day and closed business. I take this as an attempt to frustrate the process of the court. The defendant still has remedies available to him after the judgment is delivered.
I decline to arrest the judgment as prayed.
Dated, signed and delivered at Nairobi this 13 th day of March 2026.
B.M. MUSYOKI
JUDGE OF THE HIGH COURT .
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