1. The Applicant filed application dated 14th April,2023.
2. The Application sought release of funds deposited in court by Respondent to the Claimant’s advocates in the sum of Kshs 164,881/= among other prayers which have since been dispensed with.
3. The Court on 16th October, 2023 after listening to the parties made a ruling that the decretal sum be deposited in court as a condition for stay. The deposit was to be made on or before 29th May, 2018. The respondent complied with the condition as set by the Court.
4. The amount deposited in court in does not earn interest as was held in the case of Centre for Mathematics Science and Technology Education In Africa (Cemestea) v Apex Security Services Limited [2021] eKLR.
5. From the above decision the decretal sum deposited in court does not earn interest hence the same should be released without any such interest.
6. In conclusion the Court orders that the decretal sum deposited in court of Kshs 164,881/- be released to the Claimant’s Advocates without any interest.
7. It is so ordered.
Dated at Nairobi this 14th day of December, 2023
Delivered virtually this 14th day of December, 2023