RULING
1. On 1.11.2023 this court ordered the appellant to deposit a sum of Kshs 160,938/= in court as security pending the hearing and determination of the appeal. The appellant duly complied with the said condition for grant of orders of stay of execution vide a deposit made in court on 8.12.2023.
2. Upon the conclusion of the appeal, the appellant obtained orders on 2.10.2024 for the release of the money so deposited in court but to date that money is still being held in court on grounds that the orders granted by Justice Ouya Tabitha Wanyama on 2.10.2024 did not specifically order for the release of the money to the appellant’s advocates on record.
3. That decline by the court to release the deposited security has informed the filing of this application.
4. I have duly considered the application herein, the supporting affidavit sworn by the appellant Jimale Elmi Hussein on 19.6.2026, the annexures attached thereto and I find that the application is well merited wherefore I allow it and rule as follows;
IT IS HEREBY ORDERED THAT:
i) Further to the order made herein on 2.10.2024, the sum of Kshs 160,938/= deposited in court on 8.12.2023 by the appellant as evidenced by a receipt number DCA-0007263 be released forthwith to his advocates on record Messrs Osundwa & Company Advocates.
ii) The appellant shall bear the costs oof this application.
iii) This file is hereby marked as closed.
Delivered, Signed and Dated at Milimani this 24th day of June 2026.
Mwanaisha S Shariff
Judge
1. On 1.11.2023 this court ordered the appellant to deposit a sum of Kshs 160,938/= in court as security pending the hearing and determination of the appeal. The appellant duly complied with the said condition for grant of orders of stay of execution vide a deposit made in court on 8.12.2023.
2. Upon the conclusion of the appeal, the appellant obtained orders on 2.10.2024 for the release of the money so deposited in court but to date that money is still being held in court on grounds that the orders granted by Justice Ouya Tabitha Wanyama on 2.10.2024 did not specifically order for the release of the money to the appellant’s advocates on record.
3. That decline by the court to release the deposited security has informed the filing of this application.
4. I have duly considered the application herein, the supporting affidavit sworn by the appellant Jimale Elmi Hussein on 19.6.2026, the annexures attached thereto and I find that the application is well merited wherefore I allow it and rule as follows;
IT IS HEREBY ORDERED THAT:
i) Further to the order made herein on 2.10.2024, the sum of Kshs 160,938/= deposited in court on 8.12.2023 by the appellant as evidenced by a receipt number DCA-0007263 be released forthwith to his advocates on record Messrs Osundwa & Company Advocates.
ii) The appellant shall bear the costs oof this application.
iii) This file is hereby marked as closed.
Delivered, Signed and Dated at Milimani this 24th day of June 2026.
Mwanaisha S Shariff
Judge