RULING
1. The Appellant Patrick Waweru Kamau has approached this court vide a Notice of Motion dated 29th July 2026, which is supported by his own affidavit of even date and he craves that his undated application for stay of execution that is due for delivery of ruling on 30.9.2026 before this court and his entire appeal be marked as withdrawn with no orders as to costs, upon adoption of his Notice of Withdrawal of Appeal dated 28.7.2026.
2. When this application came up for inter partes hearing on 31st July 2026, the Appellant’s counsel did not attend court. Mr Mulongo , counsel holding for Mr Paul Juma for the Respondent submitted that the his client was not opposed to the application save that she had filed a response and submissions to the appellant’s stay application wherefore she ought to be awarded costs of that application of Ksh 30,000. Upon Mr Mulongo being put to task by this court to justify the prayed costs of Ksh 30,000, he asked the court to exercise it’s discretion in that regard.
3. I have duly considered the application herein, the supporting affidavit, the annexure attached thereto and the oral submissions of Mr Mulongo and I am inclined to allow the application. I thus make the following orders:
I) The appeal herein and the undated application for stay of execution are hereby marked as withdrawn with costs to the respondent, which costs shall be taxed.
IT IS HEREBY SO ORDERED
Delivered, Signed and Dated at Bungoma this 31st day of July 2026.
Mwanaisha. S. Shariff
Judge
In the presence of:
Mulongo Holding brief foe Paul Juma for the Respondent
N/A by Collins Grace & Associates for the Appellant
Aziza- Court Assistant
1. The Appellant Patrick Waweru Kamau has approached this court vide a Notice of Motion dated 29th July 2026, which is supported by his own affidavit of even date and he craves that his undated application for stay of execution that is due for delivery of ruling on 30.9.2026 before this court and his entire appeal be marked as withdrawn with no orders as to costs, upon adoption of his Notice of Withdrawal of Appeal dated 28.7.2026.
2. When this application came up for inter partes hearing on 31st July 2026, the Appellant’s counsel did not attend court. Mr Mulongo , counsel holding for Mr Paul Juma for the Respondent submitted that the his client was not opposed to the application save that she had filed a response and submissions to the appellant’s stay application wherefore she ought to be awarded costs of that application of Ksh 30,000. Upon Mr Mulongo being put to task by this court to justify the prayed costs of Ksh 30,000, he asked the court to exercise it’s discretion in that regard.
3. I have duly considered the application herein, the supporting affidavit, the annexure attached thereto and the oral submissions of Mr Mulongo and I am inclined to allow the application. I thus make the following orders:
I) The appeal herein and the undated application for stay of execution are hereby marked as withdrawn with costs to the respondent, which costs shall be taxed.
IT IS HEREBY SO ORDERED
Delivered, Signed and Dated at Bungoma this 31st day of July 2026.
Mwanaisha. S. Shariff
Judge
In the presence of:
Mulongo Holding brief foe Paul Juma for the Respondent
N/A by Collins Grace & Associates for the Appellant
Aziza- Court Assistant