RULING
1. The Applicants have approached this court vide an Amended Chamber Summons dated 2.9.2026, supported by a further affidavit of Godfrey Gitonga sworn on 4.9.2026 and premised upon Rules 15. 16 and 17 of the High Court of Kenya (Organization and Administration) Act and all other enabling provisions of the law, wherein they crave for orders of stay of execution of the judgment delivered on 26.9.2025 in Milimani CMCC E1844 of 2023 until their Notice of Motion dated 24.8.2026 is heard and determined.
2. Upon consideration of the application, I note that the same is titled as an amended Chamber Summons and the amendment introduces a prayer for orders of stay of execution. It is instructive to note the filing of the Chamber Summons is a prerequisite for admission of a substantive application for hearing during the High Court Recess. The question that arises herein is whether a party can crave for substantive prayers in such a Chamber Summons. I am afraid that the answer to that question is in the negative given the court only considers whether urgency has been demonstrated to merit it’s recall from Recess to hear a substantive application.
3. Apart from the afore stated misplaced prayer, the Applicants’ further supporting affidavit was sworn prospectively on 4.9.2026 by the 1st Applicant yet the application was drawn on 2.9.2026. The application is thus fatally and incurably defective for want of a competent supporting affidavit. I therefore strike it out with no orders as to costs.
IT IS HEREBY SO ORDERED
Delivered, Signed and Dated at Milimani this 10th day of September 2026.
M. S. Shariff
Judge
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1. The Applicants have approached this court vide an Amended Chamber Summons dated 2.9.2026, supported by a further affidavit of Godfrey Gitonga sworn on 4.9.2026 and premised upon Rules 15. 16 and 17 of the High Court of Kenya (Organization and Administration) Act and all other enabling provisions of the law, wherein they crave for orders of stay of execution of the judgment delivered on 26.9.2025 in Milimani CMCC E1844 of 2023 until their Notice of Motion dated 24.8.2026 is heard and determined.
2. Upon consideration of the application, I note that the same is titled as an amended Chamber Summons and the amendment introduces a prayer for orders of stay of execution. It is instructive to note the filing of the Chamber Summons is a prerequisite for admission of a substantive application for hearing during the High Court Recess. The question that arises herein is whether a party can crave for substantive prayers in such a Chamber Summons. I am afraid that the answer to that question is in the negative given the court only considers whether urgency has been demonstrated to merit it’s recall from Recess to hear a substantive application.
3. Apart from the afore stated misplaced prayer, the Applicants’ further supporting affidavit was sworn prospectively on 4.9.2026 by the 1st Applicant yet the application was drawn on 2.9.2026. The application is thus fatally and incurably defective for want of a competent supporting affidavit. I therefore strike it out with no orders as to costs.
IT IS HEREBY SO ORDERED
Delivered, Signed and Dated at Milimani this 10th day of September 2026.
M. S. Shariff
Judge
(