1. The Application before Court for determination is the Notice of Motion dated 19th June 2026, expressed to be brought under the provision of Section 1A, 1B and 3A of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules and all other enabling provisions of the law.
2. The Applicant is seeking for orders that the remaining balance of the decretal sum, being Ksh.402,315/=, currently held in the custody of the High Court Registry pursuant to the Order of this Honourable Court issued on 30th September 2024 be released forthwith to the Respondents through the firm of Githogori and Harrison Associates Advocates LLP.
3. The grounds are that the Respondents were successful litigants in the small claims court, wherein judgment was entered in their favour in the sum of Kshs.654,341, together with costs assessed at Kshs.50,000/=.
4. An Appeal was preferred in this court against the above Judgment; and simultaneously a Notice of Motion dated 11th July 2024 was filed seeking a stay of execution pending the hearing and determination of the Appeal. The Court issued an order directing that a portion of the decretal amount, to wit Kshs.350,000/= be released to the Respondent through their Advocates, with the remainder of Kshs.402,315/= to be retained in Court as security pending the final disposal of the Appeal.
5. Evidence has been shown that the substantive appeal has since been determined in a Judgment delivered on 18th May 2026, in which the appeal was dismissed in its entirety.
6. In light of the above. It is argued that the substratum of the conditional stay order having been extinguished by the final determination of the appeal, the balance of Kshs.402,315/= deposited in Court should be released. This is the basis of the instant application that is also supported by the affidavit of Evans Maina, sworn on 19th June 2026 and the annextures thereto.
7. Having considered the application, which is not opposed, I find merit on the same. There is therefore no good reason for the continued retention of the deposited amount.
8. In the foregoing, I hereby allow the Notice of Motion and order that the balance of the decretal sum of Kshs.402,315/= held in court be released to the Respondents through the firm of Githogori and Harrison Associates Advocates LLP. There will be no order as to costs of the application.
This file is therefore marked as closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI, THIS 28TH DAY OF JULY 2026.
KENNEDY KANDET
JUDGE
IN THE PRESENCE OF:
GITHOGORI FOR THE APPLICANT
NO APPEARANCE FOR THE RESPONDENTS
COURT ASSISTANT: AGGREY
2. The Applicant is seeking for orders that the remaining balance of the decretal sum, being Ksh.402,315/=, currently held in the custody of the High Court Registry pursuant to the Order of this Honourable Court issued on 30th September 2024 be released forthwith to the Respondents through the firm of Githogori and Harrison Associates Advocates LLP.
3. The grounds are that the Respondents were successful litigants in the small claims court, wherein judgment was entered in their favour in the sum of Kshs.654,341, together with costs assessed at Kshs.50,000/=.
4. An Appeal was preferred in this court against the above Judgment; and simultaneously a Notice of Motion dated 11th July 2024 was filed seeking a stay of execution pending the hearing and determination of the Appeal. The Court issued an order directing that a portion of the decretal amount, to wit Kshs.350,000/= be released to the Respondent through their Advocates, with the remainder of Kshs.402,315/= to be retained in Court as security pending the final disposal of the Appeal.
5. Evidence has been shown that the substantive appeal has since been determined in a Judgment delivered on 18th May 2026, in which the appeal was dismissed in its entirety.
6. In light of the above. It is argued that the substratum of the conditional stay order having been extinguished by the final determination of the appeal, the balance of Kshs.402,315/= deposited in Court should be released. This is the basis of the instant application that is also supported by the affidavit of Evans Maina, sworn on 19th June 2026 and the annextures thereto.
7. Having considered the application, which is not opposed, I find merit on the same. There is therefore no good reason for the continued retention of the deposited amount.
8. In the foregoing, I hereby allow the Notice of Motion and order that the balance of the decretal sum of Kshs.402,315/= held in court be released to the Respondents through the firm of Githogori and Harrison Associates Advocates LLP. There will be no order as to costs of the application.
This file is therefore marked as closed.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI, THIS 28TH DAY OF JULY 2026.
KENNEDY KANDET
JUDGE
IN THE PRESENCE OF:
GITHOGORI FOR THE APPLICANT
NO APPEARANCE FOR THE RESPONDENTS
COURT ASSISTANT: AGGREY