1. Before this court is a certificate of urgency dated 31st July 2025 seeking the following orders:
a) THAT this Application be certified as urgent and heard on a priority basis.
b) THAT the court be pleased to order Stay of Execution of the judgment delivered by Hon. T.W. MBUGUA in SCCCOMM No. E907 of 2025 pending the Hearing and Determination of this Application.
c) THAT this Honorable be pleased to issue Orders for Stay of Execution in SCCCOMM No. E907 of 2025 pending the Hearing and determination of this Appeal.
d) THAT costs be provided for.
2. The Application is made on the following grounds among others: -
a. THAT judgment in default of the Applicant's appearance in SCCOMM No. E907 of 2025 was entered on the16/05/2025.
b. THAT the Applicant learned of the judgment when she had visited the Eldoret Small Claims Registry to inquire on what was expected of her and to her surprise she was told that judgment had already been entered and that the Respondent had already applied for a Decree of the said judgment.
c. THAT the matter had been Mentioned twice but the Respondent had not served the Applicant with a Mention notice for the same mentions.
d. THAT immediately the Applicant was aware of the default judgment she sought advice from her counsel on record and without delay filed an Application seeking stay of execution; the judgment in default be set aside and further praying that the draft defence attached to her supporting affidavit be admitted as a response to the respondent's statement of claim.
e. THAT the learned Adjudicator, in her Ruling delivered to the said Application on the 25/07/2025 dismissed the Application without addressing herself on issues that goes to the substratum of the Applicant's Application therein, further failing to issue a stay of execution as prayed in the Application.
f. THAT aggrieved by the said Ruling and orders arising therefrom, the Applicant has lodged an Appeal before this Honorable Court, from which Appeal this Application is anchored on.
g. THAT the Applicant is apprehensive that, since the Respondent had already applied for a Decree of the said judgment, he might proceed with execution of the said Decree against her which actions will render this Appeal nugatory and will be highly prejudicial to her.
h. THAT the Applicant has applied for copies of the proceedings, and requested for certified copies of the Orders issued; which documents ought to be part of her Record of Appeal hence the delay in filing the said Record of Appeal.
i. THAT the Applicant is apprehensive that before she manages to file her Record of Appeal and therefore this Appeal be set down for hearing, the Respondent will have already initiated execution against her.
j. THAT the Applicant is a teacher and solely dependent on her small salary to take care of herself and her dependents, and therefore they stand to suffer irreparable injury if the prayers sought are not allowed.
k. THAT the Respondent will not be prejudiced in any way if this Honorable Court allows the Application, especially owing to the fact that the said decretal sum continues to earn interest court rates and therefore in the event the Appeal does not succeed he can still recover interest.
l. THAT it is in the interest of justice that the orders sought are granted as prayed
DIRECTIONS
3. The application be served upon the Respondent for inter-parties hearing during the vacation on 12th August 2025
4. That interim orders be granted against the judgment in SCCCOMM No. E907 of 2025 pending the hearing and determination of notice of motion dated 31st July 2025.
5. The parties to file skeleton submissions on the motion
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 4TH AUGUST 2025
a) THAT this Application be certified as urgent and heard on a priority basis.
b) THAT the court be pleased to order Stay of Execution of the judgment delivered by Hon. T.W. MBUGUA in SCCCOMM No. E907 of 2025 pending the Hearing and Determination of this Application.
c) THAT this Honorable be pleased to issue Orders for Stay of Execution in SCCCOMM No. E907 of 2025 pending the Hearing and determination of this Appeal.
d) THAT costs be provided for.
2. The Application is made on the following grounds among others: -
a. THAT judgment in default of the Applicant's appearance in SCCOMM No. E907 of 2025 was entered on the16/05/2025.
b. THAT the Applicant learned of the judgment when she had visited the Eldoret Small Claims Registry to inquire on what was expected of her and to her surprise she was told that judgment had already been entered and that the Respondent had already applied for a Decree of the said judgment.
c. THAT the matter had been Mentioned twice but the Respondent had not served the Applicant with a Mention notice for the same mentions.
d. THAT immediately the Applicant was aware of the default judgment she sought advice from her counsel on record and without delay filed an Application seeking stay of execution; the judgment in default be set aside and further praying that the draft defence attached to her supporting affidavit be admitted as a response to the respondent's statement of claim.
e. THAT the learned Adjudicator, in her Ruling delivered to the said Application on the 25/07/2025 dismissed the Application without addressing herself on issues that goes to the substratum of the Applicant's Application therein, further failing to issue a stay of execution as prayed in the Application.
f. THAT aggrieved by the said Ruling and orders arising therefrom, the Applicant has lodged an Appeal before this Honorable Court, from which Appeal this Application is anchored on.
g. THAT the Applicant is apprehensive that, since the Respondent had already applied for a Decree of the said judgment, he might proceed with execution of the said Decree against her which actions will render this Appeal nugatory and will be highly prejudicial to her.
h. THAT the Applicant has applied for copies of the proceedings, and requested for certified copies of the Orders issued; which documents ought to be part of her Record of Appeal hence the delay in filing the said Record of Appeal.
i. THAT the Applicant is apprehensive that before she manages to file her Record of Appeal and therefore this Appeal be set down for hearing, the Respondent will have already initiated execution against her.
j. THAT the Applicant is a teacher and solely dependent on her small salary to take care of herself and her dependents, and therefore they stand to suffer irreparable injury if the prayers sought are not allowed.
k. THAT the Respondent will not be prejudiced in any way if this Honorable Court allows the Application, especially owing to the fact that the said decretal sum continues to earn interest court rates and therefore in the event the Appeal does not succeed he can still recover interest.
l. THAT it is in the interest of justice that the orders sought are granted as prayed
DIRECTIONS
3. The application be served upon the Respondent for inter-parties hearing during the vacation on 12th August 2025
4. That interim orders be granted against the judgment in SCCCOMM No. E907 of 2025 pending the hearing and determination of notice of motion dated 31st July 2025.
5. The parties to file skeleton submissions on the motion
GIVEN UNDER MY HAND AND SEAL OF THE COURT THIS 4TH AUGUST 2025