REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MAKUENI
CIVIL APPEAL NO.E063 OF 2025
KIASA TRNSPORT & Co. LTD - - - - 1 ST APPELLANT
DUNCAN MUTHOKA ------------------------------------------ 2 ND APPELLANT
VERSUS
ONESMUS MUIGAI MWANGI - - - - RESPONDENT
RULING
1. The application before me is the Notice of Motion dated 8 th September, 2025. The application is brought under Section 3A , Section 65 of the Civil Procedure Application and Order 22 Rule 22, Order 42 Rule 6, Order 50 Rule 6 and Order 5 Rule 1 & 3 of the Civil Procedure Rule .
2. The application seeks stay of execution of judgment in Kilungu MCCC. E.199/2024 delivered on 18 th July, 2025.
3. The application is supported by the affidavit of Elijah Musyoki Nyamu. That the judgment found in favour of the plaintiff/respondent where the defendant/applicant was found 100% liable and an award of made of General Damages of Kshs.1,050,000/= and Special Damages of Kshs.3,500/=.
4. It is also averred that the applicant is ready and willing to abide by any condition this court may set down including a deposit of the decretal sum in a joint interest earning account.
5. The application is opposed through the affidavit of counsel for the respondent Gesare Oginda. He depones that the judgment was delivered on 18 th July, 2025 at Ksh.1,050,000/= and this sum was not excessive, and that the intended appeal had low chances of success.
6. That should the court allow the application then the applicant should deposit the entire decretal sum in a joint interest earning account in the name of both counsel.
7. In the applicant’s submissions the applicant submits that they are in the process of depositing the decretal sum.
8. I have considered the application, the law, the affidavits – The respondent is not averse to the application for as long as the entire decretal sum is deposited – in a joint interest earning account in the name of both counsel.
9. In the circumstances I allow the application in the following terms: -
- Leave be and is hereby granted for the applicant to file an appeal out of time; the Memorandum of Appeal dated 8 th September, 2025 be deemed as dully filed upon payment for it.
- The condition is that the entire decretal sum plus costs and interest as at the time of filing this application be deposited in a joint interest earning account in the names of both counsel within 30 days hereof in default the stay will lapse and respondent will be at liberty to execute .
- The costs of this application to abide the appeal.
- Mention in 30 days before Deputy Registrar for compliance on the appeal.
RULING Dated, signed and delivered virtually on 22 nd May 2026.
Mumbua T Matheka
JUDGE
In the presence of :
- Ms Opaka hb for Ms Langat for the Appellant.
N/A for the Respondent.
- Chrispol Court Assistant.
RULING HCCA E063 OF 2025 Page 2 of 2
IN THE HIGH COURT OF KENYA AT MAKUENI
CIVIL APPEAL NO.E063 OF 2025
KIASA TRNSPORT & Co. LTD - - - - 1 ST APPELLANT
DUNCAN MUTHOKA ------------------------------------------ 2 ND APPELLANT
VERSUS
ONESMUS MUIGAI MWANGI - - - - RESPONDENT
RULING
1. The application before me is the Notice of Motion dated 8 th September, 2025. The application is brought under Section 3A , Section 65 of the Civil Procedure Application and Order 22 Rule 22, Order 42 Rule 6, Order 50 Rule 6 and Order 5 Rule 1 & 3 of the Civil Procedure Rule .
2. The application seeks stay of execution of judgment in Kilungu MCCC. E.199/2024 delivered on 18 th July, 2025.
3. The application is supported by the affidavit of Elijah Musyoki Nyamu. That the judgment found in favour of the plaintiff/respondent where the defendant/applicant was found 100% liable and an award of made of General Damages of Kshs.1,050,000/= and Special Damages of Kshs.3,500/=.
4. It is also averred that the applicant is ready and willing to abide by any condition this court may set down including a deposit of the decretal sum in a joint interest earning account.
5. The application is opposed through the affidavit of counsel for the respondent Gesare Oginda. He depones that the judgment was delivered on 18 th July, 2025 at Ksh.1,050,000/= and this sum was not excessive, and that the intended appeal had low chances of success.
6. That should the court allow the application then the applicant should deposit the entire decretal sum in a joint interest earning account in the name of both counsel.
7. In the applicant’s submissions the applicant submits that they are in the process of depositing the decretal sum.
8. I have considered the application, the law, the affidavits – The respondent is not averse to the application for as long as the entire decretal sum is deposited – in a joint interest earning account in the name of both counsel.
9. In the circumstances I allow the application in the following terms: -
- Leave be and is hereby granted for the applicant to file an appeal out of time; the Memorandum of Appeal dated 8 th September, 2025 be deemed as dully filed upon payment for it.
- The condition is that the entire decretal sum plus costs and interest as at the time of filing this application be deposited in a joint interest earning account in the names of both counsel within 30 days hereof in default the stay will lapse and respondent will be at liberty to execute .
- The costs of this application to abide the appeal.
- Mention in 30 days before Deputy Registrar for compliance on the appeal.
RULING Dated, signed and delivered virtually on 22 nd May 2026.
Mumbua T Matheka
JUDGE
In the presence of :
- Ms Opaka hb for Ms Langat for the Appellant.
N/A for the Respondent.
- Chrispol Court Assistant.
RULING HCCA E063 OF 2025 Page 2 of 2