The Notice of Motion application dated 9th December, 2025 seeks for an order of stay of execution of the judgment of the trial court pending the hearing and determination of the appeal herein.
I have perused the grounds upon which the application is brought and the averments in the Supporting Affidavit.
The judgment appealed against directed the appellant to, inter alia, pay a sum of Kshs 10,000,000/= to the respondents. The appellant’s case is that if execution happens before the appeal is heard, the appellant who is fully funded by the exchequer (public funds) will suffer substantial loss.
I have considered that the application was brought without unreasonable delay.
The application was not opposed. Affidavit of Service sworn on 20/1/2025 shows that the respondents were served with the application on 16/12/2025.
I find that the application has merit and hereby allow it in terms of prayer 3 thereof as follows:
i. An order of stay of execution of the judgment in Kisumu CMC ELC case No. 257 of 2018 is hereby granted pending hearing and determination of the appeal.
ii. Costs in the appeal.
Ruling dated and signed at Kisumu and delivered virtually this 29th day of January 2026.
E. ASATI,
JUDGE.
In the presence of:
Maureen - Court Assistant
Wangila for the Applicant.
No appearance for the Respondents.
| ELCA CASE NO. E100/2025 RULING Page 2 |