I have the applicant's application dated 30 July 2026 filed under a certficate of urgency of even date. Security was deposited for the perforamance of the decree from the lower court in the event the appellant's appeal failed. The appeal was succesful and therefore there is no basis for the continuued holding of security. In the wake of the successful appeal, the court was entitled to make the order for release of security suo moto without having to be moved. In these circcumstances i do not find any reason why the instant application should be subjected to hearing inter partes. It is summarily allowed; in particular I order as follows:
(1) The firm of Muturi Gakuo & Kibara Advocates, is hereby ordered to execute the joint bank mandate and all documents necessary for the release of the monies held in the joint interest earning account maintained at United Bank for Africa, Mombasa Branch, within two (2) days of service of this Order for the teransfer of the security to the appellant's counsel's bank account.
(2) In default of compliance with order (1) above, the Deputy Registrar of this Honourable Court be and is hereby authorized to execute the said mandate and all ancillary documents on behalf of the Respondent and/or its Advocates to facilitate the release of the funds to the Appellant.
(3) Upon execution of the mandate by the Deputy Registrar, or upon service of this Order, United Bank for Africa, Mombasa Branch, be and is hereby directed to release the entire balance standing to the credit of the joint interest earning account together with all accrued interest to the Appellant's Advocates in; WANDAI MATHEKA & COMPANY BANK: EQUITY BANK (K) LIMITED ACCOUNT NAME: WANDAI MATHEKA & CO. ACCOUNT NUMBER: 0250281786631 BRANCH: MOI AVENUE.
(4) I make no order as to costs.
(1) The firm of Muturi Gakuo & Kibara Advocates, is hereby ordered to execute the joint bank mandate and all documents necessary for the release of the monies held in the joint interest earning account maintained at United Bank for Africa, Mombasa Branch, within two (2) days of service of this Order for the teransfer of the security to the appellant's counsel's bank account.
(2) In default of compliance with order (1) above, the Deputy Registrar of this Honourable Court be and is hereby authorized to execute the said mandate and all ancillary documents on behalf of the Respondent and/or its Advocates to facilitate the release of the funds to the Appellant.
(3) Upon execution of the mandate by the Deputy Registrar, or upon service of this Order, United Bank for Africa, Mombasa Branch, be and is hereby directed to release the entire balance standing to the credit of the joint interest earning account together with all accrued interest to the Appellant's Advocates in; WANDAI MATHEKA & COMPANY BANK: EQUITY BANK (K) LIMITED ACCOUNT NAME: WANDAI MATHEKA & CO. ACCOUNT NUMBER: 0250281786631 BRANCH: MOI AVENUE.
(4) I make no order as to costs.