1. Before this court is a certificate of urgency dated 25th July 2025 seeking the following orders:
a) THAT this Application be certified as extremely urgent, heard ex-parte at first instance and service be dispensed.
b) THAT this Honorable Court be pleased to direct/order the Branch Manager of Equity Bank Kenya Limited (Community Corporate Branch), to forthwith release the sum amount of Kshs. 153,225.00 together with all accrued interests thereon from the date of deposit (7th November 2023) in the joint interest earning account no.0180184767152 account name Kimondo Gachoka Company and Morgan Omusundi Law Firm, to the Applicant/Respondent through Morgan Omusundi Law Firm Client Account No.7040001309, HFC Bank Limited Eldoret Branch.
c) THAT this Honorable Court be pleased to award costs of this Application to the Applicant/Respondent.
2. The Application is made on the following grounds and as may be adduced at the hearing hereof.
a) THAT this Honorable Court delivered its ruling on 20th June 2025, upholding the Respondent's entitlement to the sum of Kshs. 153,225.00/=
b) THAT the Appellants as a condition of stay of execution pending appeal, deposited the sum of Kshs. 153,225.00 in a joint interest earning account no. 0180184767152 at Equity Bank Kenya Limited (Community Corporate Branch), held in the names of M/s Kimondo Gachoka & Company and M/s Morgan Omusundi Law Firm.
c) THAT despite the ruling being delivered, the Appellants and their advocates have failed and/or refused to initiate or execute any consent or instructions for the release of the said fund.
d) THAT the firm of M's Kimondo Gachoka & Company Advocates, who are on record for the Appellants at the time of appeal were representing the Appellants through Direct Line Insurance Company, the insurance company the insurer of the motor vehicle in question. However, as judicially noticed they are no longer actively on record or acting for the said insurer which has hindered the release of the decretal sum and continues to frustrate the satisfaction validly standing judgment.
e) That the continued holding of the said decretal sum under these circumstances amounts to denial of justice as the Respondent remains in a state of financial and legal limbo despite two valid judgments in her favour.
f) THAT this Honorable Court has inherent jurisdiction to enforce its own judgment and prevent the abuse of process through deliberate inaction and calculated obstruction.
g) THAT it is in the interest of justice and equity that the orders sought herein be granted without further delay.
h) The application is also supported by the annexed supporting affidavit of LIVINGSTONE KISAMBO
DIRECTIONS
3. I have considered the application and there is merit to grant the following orders;
a. THAT this Honorable Court be and is hereby pleased to direct/order the Branch Manager of Equity Bank Kenya Limited (Community Corporate Branch), to forthwith release the sum amount of Kshs. 153,225.00 together with all accrued interests thereon from the date of deposit (7th November 2023) in the joint interest earning account no. 0180184767152 account name Kimondo Gachoka Company and Morgan Omusundi Law Firm,to the Applicant/Respondent through Morgan Omusundi Law Firm Client Account No.7040001309, HFC Bank Limited Eldoret Branch.
b. This Applicant is also awarded costs
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 4TH AUGUST 2025
a) THAT this Application be certified as extremely urgent, heard ex-parte at first instance and service be dispensed.
b) THAT this Honorable Court be pleased to direct/order the Branch Manager of Equity Bank Kenya Limited (Community Corporate Branch), to forthwith release the sum amount of Kshs. 153,225.00 together with all accrued interests thereon from the date of deposit (7th November 2023) in the joint interest earning account no.0180184767152 account name Kimondo Gachoka Company and Morgan Omusundi Law Firm, to the Applicant/Respondent through Morgan Omusundi Law Firm Client Account No.7040001309, HFC Bank Limited Eldoret Branch.
c) THAT this Honorable Court be pleased to award costs of this Application to the Applicant/Respondent.
2. The Application is made on the following grounds and as may be adduced at the hearing hereof.
a) THAT this Honorable Court delivered its ruling on 20th June 2025, upholding the Respondent's entitlement to the sum of Kshs. 153,225.00/=
b) THAT the Appellants as a condition of stay of execution pending appeal, deposited the sum of Kshs. 153,225.00 in a joint interest earning account no. 0180184767152 at Equity Bank Kenya Limited (Community Corporate Branch), held in the names of M/s Kimondo Gachoka & Company and M/s Morgan Omusundi Law Firm.
c) THAT despite the ruling being delivered, the Appellants and their advocates have failed and/or refused to initiate or execute any consent or instructions for the release of the said fund.
d) THAT the firm of M's Kimondo Gachoka & Company Advocates, who are on record for the Appellants at the time of appeal were representing the Appellants through Direct Line Insurance Company, the insurance company the insurer of the motor vehicle in question. However, as judicially noticed they are no longer actively on record or acting for the said insurer which has hindered the release of the decretal sum and continues to frustrate the satisfaction validly standing judgment.
e) That the continued holding of the said decretal sum under these circumstances amounts to denial of justice as the Respondent remains in a state of financial and legal limbo despite two valid judgments in her favour.
f) THAT this Honorable Court has inherent jurisdiction to enforce its own judgment and prevent the abuse of process through deliberate inaction and calculated obstruction.
g) THAT it is in the interest of justice and equity that the orders sought herein be granted without further delay.
h) The application is also supported by the annexed supporting affidavit of LIVINGSTONE KISAMBO
DIRECTIONS
3. I have considered the application and there is merit to grant the following orders;
a. THAT this Honorable Court be and is hereby pleased to direct/order the Branch Manager of Equity Bank Kenya Limited (Community Corporate Branch), to forthwith release the sum amount of Kshs. 153,225.00 together with all accrued interests thereon from the date of deposit (7th November 2023) in the joint interest earning account no. 0180184767152 account name Kimondo Gachoka Company and Morgan Omusundi Law Firm,to the Applicant/Respondent through Morgan Omusundi Law Firm Client Account No.7040001309, HFC Bank Limited Eldoret Branch.
b. This Applicant is also awarded costs
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 4TH AUGUST 2025