' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL APPEAL NO. E147 OF 2025
IN THE MATTER OF THE CHILDREN’S ACT NO. 29 OF 2022, LAWS OF KENYA
AND
IN THE MATTER OF AN APPLICATION FOR CUSTODY AND MAINTENANCE ( minors)
KEVIN AGESA KARANI …………………. APPELLANT/APPLICANT
VERSUS
HARRIET NABWILE KHISA ( suing as the Mother and next friend of N.T.A and N.L.A Minors ) ………………………. RESPONDENT
RULING
The motion for consideration is dated 1st October 2025; it was brought under sections 3, 3a, and 63 of the Civil Procedure Act , Order 42 Rules 6 (1), (2), (4), and (6), and Order 51 of the Civil Procedure Rules. The applicant is seeking the following orders.
Spent
THAT this Honorable court be pleased to grant a temporary stay of execution of the Ruling dated 16/9/2025 as regards the limited access to the minors and payment of any amount above Kshs.10.000/- a month for food by the Appellant / Applicant, pending hearing and determination of the application.
THAT this Honorable Court be pleased to grant a stay of execution of the Ruling dated 16/9/2025 as regards the limited access to the minors and payment of any amount above Kshs. 10,000/- a month for food by the Appellant/Applicant, pending hearing and determination of the appeal filed in the High Court of Kenya at Bungoma.
THAT a date for inter-partes hearing of the Application be given.
THAT costs of the Application.
Having considered the rival affidavits and the parties'' submissions and the orders being sought, I will not issue any orders at this stage, as varying any order made by the lower court will have a bearing on the orders being sought in the appeal. The Appellant shall prepare the Record of Appeal within 14 days. Mention before this court to confirm compliance and for further orders.
Meanwhile, the Applicant shall comply with the said lower court’s order pending the hearing and disposal of the appeal or until further orders by this court.
Dated, Signed, and Delivered at Bungoma this 12 th Day of November, 2025.
R. E. OUGO
JUDGE.
In the presence of:-
Miss Asunah For Applicant
Kevin Agesa Karani/Applicant Applicant
Respondent in person
Wilkister - C/A
'
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL APPEAL NO. E147 OF 2025
IN THE MATTER OF THE CHILDREN’S ACT NO. 29 OF 2022, LAWS OF KENYA
AND
IN THE MATTER OF AN APPLICATION FOR CUSTODY AND MAINTENANCE ( minors)
KEVIN AGESA KARANI …………………. APPELLANT/APPLICANT
VERSUS
HARRIET NABWILE KHISA ( suing as the Mother and next friend of N.T.A and N.L.A Minors ) ………………………. RESPONDENT
RULING
The motion for consideration is dated 1st October 2025; it was brought under sections 3, 3a, and 63 of the Civil Procedure Act , Order 42 Rules 6 (1), (2), (4), and (6), and Order 51 of the Civil Procedure Rules. The applicant is seeking the following orders.
Spent
THAT this Honorable court be pleased to grant a temporary stay of execution of the Ruling dated 16/9/2025 as regards the limited access to the minors and payment of any amount above Kshs.10.000/- a month for food by the Appellant / Applicant, pending hearing and determination of the application.
THAT this Honorable Court be pleased to grant a stay of execution of the Ruling dated 16/9/2025 as regards the limited access to the minors and payment of any amount above Kshs. 10,000/- a month for food by the Appellant/Applicant, pending hearing and determination of the appeal filed in the High Court of Kenya at Bungoma.
THAT a date for inter-partes hearing of the Application be given.
THAT costs of the Application.
Having considered the rival affidavits and the parties'' submissions and the orders being sought, I will not issue any orders at this stage, as varying any order made by the lower court will have a bearing on the orders being sought in the appeal. The Appellant shall prepare the Record of Appeal within 14 days. Mention before this court to confirm compliance and for further orders.
Meanwhile, the Applicant shall comply with the said lower court’s order pending the hearing and disposal of the appeal or until further orders by this court.
Dated, Signed, and Delivered at Bungoma this 12 th Day of November, 2025.
R. E. OUGO
JUDGE.
In the presence of:-
Miss Asunah For Applicant
Kevin Agesa Karani/Applicant Applicant
Respondent in person
Wilkister - C/A
'