- By a Notice of Motion application dated 16th June 2025 the two applicants through Chrono Chepkosgey and Company Advocates, are seeking the orders including stay of execution of judgment delivered on 18th January 2025 and decree and consequential orders as well as leave to appeal out of time from the said determination.
- It is noted that on 18th June 2025, the court directed and ordered, inter alia;
‘........The applicant to deposit security of Ksh 50, 000/=with the court within 7 days from hereof otherwise the orders shall lapse......’
3.The application is set for inter-partes hearing. Nevertheless, Ms Koech learned counsel for the applicant has informed the court that the application was served, the matter almost overtaken by events as execution process was undertaken, the condition stated in paragraph 2 hereinabove have not been met and implored the court to mark case as closed.
4. Having heard counsel for the applicant, I take into account Order 50 of the Civil Procedure Rules 2010 on time. It is crystal clear that the orders as stated in paragraph 2 hereinabove, lapsed hence, terminated the application.
5. It is trite law that upon lapse of stay orders, no further orders of the court would be necessary in a matter; see Butt-vs-Rent Restriction Tribunal (1979) KECA 22 (KLR).
6. So, this matter cannot be prolonged as Article 159 (2) (b) of the Constitution of Kenya 2010 reads;
justice shall not be delayed
7. Utlimately, the application is hereby dismissed.
8. Given there is no evidence of service of the application and the obtaining circumstances herein, I make no orders as to costs.
9. It is so ordered.
DATED and DELIVERED VIRTUALLY this 16th day of SEPTEMBER 2025
G M A ONGONDO
JUDGE
PRESENT
Ms Koech learned counsel for the applicants
Walter, court assistant
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