' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL CASE NO. E011 OF 2025
MAUREEN KHANJILA WAFULA……………………………….PLAINTIFF
VERSUS
AFRICAN MERCHANT ASSURANCE CO. LTD……………DEFENDANT
RULING
1. Vide a notice of motion dated 7.11.2025 the Plaintiff/Applicant moved this court for the following orders.
i. Spent
ii. Spent
iii. That there be a temporary stay of execution of Judgement and/or decree and all consequential orders arising there from in respect of Bungoma CMCC NO E049 OF 2024 pending the hearing and determination of this suit herein.
iv. That costs any other orders this honourable court deems fit to grant.
2. The application is supported by the affidavit of Maureen Khanjila Wafula sworn on the 7th November 2025. The gist of the application is that whereas a claimant in Bungoma CMCC No. E049 of 2024 has obtained a Judgement against the Plaintiff/Applicant, the defendant herein is on the strength of the doctrine of subrogation, legally bound to settle that Judgement sum and/or indemnify the Plaintiff/Applicant pursuant to a subsisting policy of insurance P.NO. AMC0701203915202304 (Comprehensive) commencing on 5.4.2023 and expiring on 4.4.2024 which she had undertaken with the defendant in respect of her motor vehicle registration No-KCF 858 F.
3. The Applicant deposed that her said motor vehicle was involved in a road traffic accident on 14.2.2016 during the subsistence of the said insurance cover hence the need for the orders of stay to issue pending the hearing and determination of this case.
4. This application was unopposed despite serving having been affected upon the defender as evident from the affidavit of service sworn filed herein on 14.11.2025 sworn by Simon Khisa Wekesa.
5. This application was argued orally.
ANALYSIS AND DETERMINATION
6. I have duly considered the application herein, the affidavit in support thereof and the enclosures attached thereto. I have also considered the oral submissions of the plaintiff’s counsel and the issue that arises for determination is whether I ought to stay execution of the Judgement delivered in Bungoma CMCC No. E049 of 2024 pending the hearing and determination of this suit.
7. It is instructive to note that the decree-holder in Bungoma CMCC NO. E049/2024 is a party that will be affected by the application herein yet the plaintiff opted not to enjoin him in these proceedings. The rules of natural justice provide that one shall not be condemned without a hearing.
8. Article 50(1) of the Constitution of Kenya 2010 enshrines the right to a fair hearing of any dispute before a court. The Decree holder in Bungoma CMCC E049 of 2024 is entitled to that right and I will be infringing on his said right if I was to allow this application.
9. The applicant has also deposed at paragraph 6 of her supporting affidavit that her motor vehicle registration KCF 858 F was involved in a road traffic accident on 14.2.2016 yet the insurance police cover was for this period 05.4.2023 to 04.04.2024.
10. On the balance I do find that for reasons aforestated, this application must fail for want of merit. I thus dismiss it with no orders as to costs.
Given, signed, and dated at Bungoma this 24th day of November, 2025.
MWANAISHA S. SHARIFF
JUDGE
'
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL CASE NO. E011 OF 2025
MAUREEN KHANJILA WAFULA……………………………….PLAINTIFF
VERSUS
AFRICAN MERCHANT ASSURANCE CO. LTD……………DEFENDANT
RULING
1. Vide a notice of motion dated 7.11.2025 the Plaintiff/Applicant moved this court for the following orders.
i. Spent
ii. Spent
iii. That there be a temporary stay of execution of Judgement and/or decree and all consequential orders arising there from in respect of Bungoma CMCC NO E049 OF 2024 pending the hearing and determination of this suit herein.
iv. That costs any other orders this honourable court deems fit to grant.
2. The application is supported by the affidavit of Maureen Khanjila Wafula sworn on the 7th November 2025. The gist of the application is that whereas a claimant in Bungoma CMCC No. E049 of 2024 has obtained a Judgement against the Plaintiff/Applicant, the defendant herein is on the strength of the doctrine of subrogation, legally bound to settle that Judgement sum and/or indemnify the Plaintiff/Applicant pursuant to a subsisting policy of insurance P.NO. AMC0701203915202304 (Comprehensive) commencing on 5.4.2023 and expiring on 4.4.2024 which she had undertaken with the defendant in respect of her motor vehicle registration No-KCF 858 F.
3. The Applicant deposed that her said motor vehicle was involved in a road traffic accident on 14.2.2016 during the subsistence of the said insurance cover hence the need for the orders of stay to issue pending the hearing and determination of this case.
4. This application was unopposed despite serving having been affected upon the defender as evident from the affidavit of service sworn filed herein on 14.11.2025 sworn by Simon Khisa Wekesa.
5. This application was argued orally.
ANALYSIS AND DETERMINATION
6. I have duly considered the application herein, the affidavit in support thereof and the enclosures attached thereto. I have also considered the oral submissions of the plaintiff’s counsel and the issue that arises for determination is whether I ought to stay execution of the Judgement delivered in Bungoma CMCC No. E049 of 2024 pending the hearing and determination of this suit.
7. It is instructive to note that the decree-holder in Bungoma CMCC NO. E049/2024 is a party that will be affected by the application herein yet the plaintiff opted not to enjoin him in these proceedings. The rules of natural justice provide that one shall not be condemned without a hearing.
8. Article 50(1) of the Constitution of Kenya 2010 enshrines the right to a fair hearing of any dispute before a court. The Decree holder in Bungoma CMCC E049 of 2024 is entitled to that right and I will be infringing on his said right if I was to allow this application.
9. The applicant has also deposed at paragraph 6 of her supporting affidavit that her motor vehicle registration KCF 858 F was involved in a road traffic accident on 14.2.2016 yet the insurance police cover was for this period 05.4.2023 to 04.04.2024.
10. On the balance I do find that for reasons aforestated, this application must fail for want of merit. I thus dismiss it with no orders as to costs.
Given, signed, and dated at Bungoma this 24th day of November, 2025.
MWANAISHA S. SHARIFF
JUDGE
'