' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT BUNGOMA
CIVIL APPEAL NO. E131 OF 2025
KENYA NATIONAL HIGHWAY AUTHORITY ( WEBUYE WEIGHBRIDGE)………………………. APPELLANT/APPLICANT
VERSUS
HASSAN KIPTOO KEMBOI………………………… RESPONDENT
RULING.
1. Upon the Appellant’s/Applicant’s Notice of Motion dated 28th August 2025 coming up for hearing on the prayers for certification of the same as urgent and for interim orders of stay of execution, I have duly considered the said application, the affidavit in support thereof sworn on even date by Paul Kawega and the enclosures attached thereto and I do note that the appellant who has filed this appeal against the ruling delivered on 25.8.2025 in Webuye MCCC145/25, stands an imminent risk of being cited for contempt due to it’s continued detention of the Respondent’s motor vehicle registration No KBR576P/ZG2418. I am persuaded that this application ought to be heard expeditiously. I therefore make the following orders :-
i) This application is certified as urgent.
ii) An interim order of stay of execution is hereby granted against the ruling delivered on 25.8.2025 in Webuye Law Court MCCC E145 of 2025; Hassan Kiptoo Kemboi Vs KENHA (Webuye Weighbridge) for a period of 7days from the date hereof.
iii) The appellant is directed to serve this application within 2 days from the date hereof and a response be filed within 5 days from this date.
iv) Mention on 4th September 2025 before High Court No 1 for purposes of taking further directions.
Delivered, Signed and Dated at Bungoma this 29th day of August 2025.
MWANAISHA S SHARIFF
JUDGE
'
IN THE HIGH COURT OF KENYA
AT BUNGOMA
CIVIL APPEAL NO. E131 OF 2025
KENYA NATIONAL HIGHWAY AUTHORITY ( WEBUYE WEIGHBRIDGE)………………………. APPELLANT/APPLICANT
VERSUS
HASSAN KIPTOO KEMBOI………………………… RESPONDENT
RULING.
1. Upon the Appellant’s/Applicant’s Notice of Motion dated 28th August 2025 coming up for hearing on the prayers for certification of the same as urgent and for interim orders of stay of execution, I have duly considered the said application, the affidavit in support thereof sworn on even date by Paul Kawega and the enclosures attached thereto and I do note that the appellant who has filed this appeal against the ruling delivered on 25.8.2025 in Webuye MCCC145/25, stands an imminent risk of being cited for contempt due to it’s continued detention of the Respondent’s motor vehicle registration No KBR576P/ZG2418. I am persuaded that this application ought to be heard expeditiously. I therefore make the following orders :-
i) This application is certified as urgent.
ii) An interim order of stay of execution is hereby granted against the ruling delivered on 25.8.2025 in Webuye Law Court MCCC E145 of 2025; Hassan Kiptoo Kemboi Vs KENHA (Webuye Weighbridge) for a period of 7days from the date hereof.
iii) The appellant is directed to serve this application within 2 days from the date hereof and a response be filed within 5 days from this date.
iv) Mention on 4th September 2025 before High Court No 1 for purposes of taking further directions.
Delivered, Signed and Dated at Bungoma this 29th day of August 2025.
MWANAISHA S SHARIFF
JUDGE
'