1. On the Application dated 25/6/2026 seeking stay of execution, the Applicant ( Salim Mwandumbo ) admits that he has a pending parallel Application also seeking stay before the Court of Appeal.
2. I have granted Counsel for the Applicant time to convince me that in view thereof, I still possess jurisdiction to hear the current Application dated 25/6/2026.
3. Having heard Counsel, I am not persuaded that I have jurisdiction to hear the instant parallel Application, there being no evidence that the Application before the Court of Appeal has been withdrawn.
4. Although I am not determining the full Application at this stage and that issue shall still be canvased at the hearing of the Application, I do not feel safe enough to therefore, at this stage, grant any interim orders of stay of execution.
5. The second ground for my decision is that the Application has been brought 6 months after the order sought to be stayed was issued. I therefore decline to issue any interim orders. The Court of Appeal is a higher Court
6. If the Applicant is still minded to pursue the Application then I shall give directions on canvassing of the same.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 30 TH DAY OF JUNE 2026
……………………..
WANANDA JOHN R. ANURO
JUDGE
Delivered in the presence of:
Mr. Otieno h/b for Wandati for Salim Mwandumbo - Respondent/Applicant
Mr. Abdirizak for Applicant/Respondent
Court Assistant: Amos
Milimani High Court Misc. Case No. E677 of 2022
2. I have granted Counsel for the Applicant time to convince me that in view thereof, I still possess jurisdiction to hear the current Application dated 25/6/2026.
3. Having heard Counsel, I am not persuaded that I have jurisdiction to hear the instant parallel Application, there being no evidence that the Application before the Court of Appeal has been withdrawn.
4. Although I am not determining the full Application at this stage and that issue shall still be canvased at the hearing of the Application, I do not feel safe enough to therefore, at this stage, grant any interim orders of stay of execution.
5. The second ground for my decision is that the Application has been brought 6 months after the order sought to be stayed was issued. I therefore decline to issue any interim orders. The Court of Appeal is a higher Court
6. If the Applicant is still minded to pursue the Application then I shall give directions on canvassing of the same.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 30 TH DAY OF JUNE 2026
……………………..
WANANDA JOHN R. ANURO
JUDGE
Delivered in the presence of:
Mr. Otieno h/b for Wandati for Salim Mwandumbo - Respondent/Applicant
Mr. Abdirizak for Applicant/Respondent
Court Assistant: Amos
Milimani High Court Misc. Case No. E677 of 2022