1. The Applicant has moved court for issuance of stay of execution of the Decree (Warrants of Arrest) pending ruling in terms of prayer 2 of the motion dated 16 th July 2026.
2. The Application is opposed by the Respondent on grounds that the Applicant was duly served.
3. The Application was filed under Certificate of Urgency as Warrant of Arrest has been extracted and likely to be executed anytime.
4. The Applicant has intimated in his application and affidavit (paragraph 21) thereof dated 16 th July 2026 that he is ready and willing to abide by the conditions/ terms as to security or otherwise as the court may deem fit and just in the circumstances.
5. The essence of granting a stay of execution order is to preserve the status quo or subject matter from being wasted pending determination of application or main suit/Appeal.
6. In this case, the Applicant is apprehensive he is likely to be arrested pending delivery of ruling thereby rendering his application nugatory.
7. I have perused the Court file and notes that warrant of arrest was extracted pending signature of the Deputy Registrar, Voi Environment & Land Court.
8. The Applicant disputes having been served with the Notice to Show Cause that was disposed off on the 7 th July 2026 in his absence or Advocate.
9. A debt of Kshs. 166,315/= is due and pending payment in favour of Judgment Creditor by Judgement Debtor/Applicant.
10. The Applicant has called upon the Court to exercise its inherent discretion pursuant to Section 3 of the Civil Procedure Act 2010 to grant the interim orders in his favour pending ruling.
11. The Respondent urges the court that decretal sum is due and pending payment.
12. In the interest of balancing interests of Applicant
Appellant and Respondent, this Court exercises its inherent discretion in granting conditional stay of execution of the Warrants of Arrest against the Applicant/Appellant(s) pending ruling of the application upon depositing Kshs. 80,000/= in a joint interest earning account in the name of firms of Counsels for the Applicant/Appellant and Respondent within 21 days from date hereof failure of which the stay shall lapse.
Dated, Signed and Delivered at Voi this 23 rd day of July, 2026 in open Court at Voi.
J. ORWA
JUDGE
In the presence of: -
Applicant’s Advocate – Mr. Juma
Mr. Letisia – Court Assistant
But absence of Mr. Mwazighe for the Respondent
Ruling Voi ELC Appeal No. E005 of 2023 Page 1
2. The Application is opposed by the Respondent on grounds that the Applicant was duly served.
3. The Application was filed under Certificate of Urgency as Warrant of Arrest has been extracted and likely to be executed anytime.
4. The Applicant has intimated in his application and affidavit (paragraph 21) thereof dated 16 th July 2026 that he is ready and willing to abide by the conditions/ terms as to security or otherwise as the court may deem fit and just in the circumstances.
5. The essence of granting a stay of execution order is to preserve the status quo or subject matter from being wasted pending determination of application or main suit/Appeal.
6. In this case, the Applicant is apprehensive he is likely to be arrested pending delivery of ruling thereby rendering his application nugatory.
7. I have perused the Court file and notes that warrant of arrest was extracted pending signature of the Deputy Registrar, Voi Environment & Land Court.
8. The Applicant disputes having been served with the Notice to Show Cause that was disposed off on the 7 th July 2026 in his absence or Advocate.
9. A debt of Kshs. 166,315/= is due and pending payment in favour of Judgment Creditor by Judgement Debtor/Applicant.
10. The Applicant has called upon the Court to exercise its inherent discretion pursuant to Section 3 of the Civil Procedure Act 2010 to grant the interim orders in his favour pending ruling.
11. The Respondent urges the court that decretal sum is due and pending payment.
12. In the interest of balancing interests of Applicant
Appellant and Respondent, this Court exercises its inherent discretion in granting conditional stay of execution of the Warrants of Arrest against the Applicant/Appellant(s) pending ruling of the application upon depositing Kshs. 80,000/= in a joint interest earning account in the name of firms of Counsels for the Applicant/Appellant and Respondent within 21 days from date hereof failure of which the stay shall lapse.
Dated, Signed and Delivered at Voi this 23 rd day of July, 2026 in open Court at Voi.
J. ORWA
JUDGE
In the presence of: -
Applicant’s Advocate – Mr. Juma
Mr. Letisia – Court Assistant
But absence of Mr. Mwazighe for the Respondent
Ruling Voi ELC Appeal No. E005 of 2023 Page 1