RULING
1. The appellant approached this court vide a notice of motion dated 9.7.2026, supported by his own affidavit of even date wherein he craves for orders of stay of execution of the judgment delivered on 28th April, 2025 in Milimani CMCC E 658 of 2023, pending the hearing and determination of her appeal.
2. When this application came for hearing inter parties on 28.7.2026, counsel Masaki for the Appellant proposed that the Appellant be allowed to deposit security of one half of the judgment sum while counsel Andulo for the respondent urged this court to grant a conditional stay upon deposit of the entire judgment sum.
3. I have considered the application, the affidavit in support thereof, the annexures attached thereto and the viral submissions of parties’ counsels and I am inclined to allow the application given that the appellant has offered to deposit part of the security. I have also taken note of the need to balance the interest of all parties least the decree holder suffers prejudice in the event that the appeal is lost.
4. I thus make the following orders.
(i) An order of stay of execution is hereby granted in respect of the judgment delivered on 28.4.2025 in Milimani CMCC No. E658 of 2023 Jerry Shililu – vs- Helgar Kaswi Musyoki until the appeal herein is heard and determined on condition that sum of kshs.1,946,143 be deposited in a joint interest earning account in the name of parties’ advocates with a reputable bank within 60 days from the date hereof.
(ii) In the event of default in compliance with order (i) hereinabove, the stay orders shall automatically lapse and the respondent shall be at liberty to execute.
(iii) Given the concession made by the respondent in allowing this application, I will award her costs assessed at kshs.10,000 payable within 60 days from this date.
IT IS HEREBY SO ORDERD.
Delivered, dated and signed at Milimani this 28th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of
Masaki for Appellant
Andulo for Respondent
Aziza- Court Assistant
1. The appellant approached this court vide a notice of motion dated 9.7.2026, supported by his own affidavit of even date wherein he craves for orders of stay of execution of the judgment delivered on 28th April, 2025 in Milimani CMCC E 658 of 2023, pending the hearing and determination of her appeal.
2. When this application came for hearing inter parties on 28.7.2026, counsel Masaki for the Appellant proposed that the Appellant be allowed to deposit security of one half of the judgment sum while counsel Andulo for the respondent urged this court to grant a conditional stay upon deposit of the entire judgment sum.
3. I have considered the application, the affidavit in support thereof, the annexures attached thereto and the viral submissions of parties’ counsels and I am inclined to allow the application given that the appellant has offered to deposit part of the security. I have also taken note of the need to balance the interest of all parties least the decree holder suffers prejudice in the event that the appeal is lost.
4. I thus make the following orders.
(i) An order of stay of execution is hereby granted in respect of the judgment delivered on 28.4.2025 in Milimani CMCC No. E658 of 2023 Jerry Shililu – vs- Helgar Kaswi Musyoki until the appeal herein is heard and determined on condition that sum of kshs.1,946,143 be deposited in a joint interest earning account in the name of parties’ advocates with a reputable bank within 60 days from the date hereof.
(ii) In the event of default in compliance with order (i) hereinabove, the stay orders shall automatically lapse and the respondent shall be at liberty to execute.
(iii) Given the concession made by the respondent in allowing this application, I will award her costs assessed at kshs.10,000 payable within 60 days from this date.
IT IS HEREBY SO ORDERD.
Delivered, dated and signed at Milimani this 28th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of
Masaki for Appellant
Andulo for Respondent
Aziza- Court Assistant