1. Vide application dated 14th August 2025 the Applicant herein sought that this court stay execution of the judgment delivered on 11th June, 2025 by Hon. Koech C. Patricia (RM) in Migori SCCCC No. E013 of 2025 pending hearing and determination of the application and appeal herein. The Applicant also sought for costs of the application.
2. The Application was premised on the grounds on its face and the supporting affidavit sworn by Meshack Ochieng Onyango the 2nd Appellant herein.
3. The applicants averred that their appeal has high chances of success and if the orders sought are not granted the same will be rendered an academic exercise. It was also argued that the Appellants will suffer substantial and irreparable loss if the orders sought are not granted as they may be committed to civil jail and may never recover the decretal sum if appeal is allowed.
4. It is also argued that the Respondent is a man of straw and he may not be in a position to refund the decretal sum if the same is paid to him.
5. The Applicants also argued that no prejudice will be suffered by the Respondent if the application herein is allowed as any loss can be compensated as costs and interest.
6. The Respondent opposed the application vide Replying Affidavit sworn on 14th October, 2025
7. The application herein was canvassed by way of written submissions. This court has considered the application and the grounds upon which it is premised as well as the rival submissions and finds that in order to enable the Appellants to exhaust their right of appeal as provided for by the constitution this court hereby allows the application on condition that the entire decretal sum of Kshs 416,000/= together with costs are deposited in court within 14 days. In default the Respondent will be at liberty to execute without recourse to the court. The appeal herein will be mentioned on 23rd March 2026 to confirm ROA have been filed and served and for directions.
It is so ordered.
Signed dated and delivered at Migori this 22nd day of January, 2026.
2. The Application was premised on the grounds on its face and the supporting affidavit sworn by Meshack Ochieng Onyango the 2nd Appellant herein.
3. The applicants averred that their appeal has high chances of success and if the orders sought are not granted the same will be rendered an academic exercise. It was also argued that the Appellants will suffer substantial and irreparable loss if the orders sought are not granted as they may be committed to civil jail and may never recover the decretal sum if appeal is allowed.
4. It is also argued that the Respondent is a man of straw and he may not be in a position to refund the decretal sum if the same is paid to him.
5. The Applicants also argued that no prejudice will be suffered by the Respondent if the application herein is allowed as any loss can be compensated as costs and interest.
6. The Respondent opposed the application vide Replying Affidavit sworn on 14th October, 2025
7. The application herein was canvassed by way of written submissions. This court has considered the application and the grounds upon which it is premised as well as the rival submissions and finds that in order to enable the Appellants to exhaust their right of appeal as provided for by the constitution this court hereby allows the application on condition that the entire decretal sum of Kshs 416,000/= together with costs are deposited in court within 14 days. In default the Respondent will be at liberty to execute without recourse to the court. The appeal herein will be mentioned on 23rd March 2026 to confirm ROA have been filed and served and for directions.
It is so ordered.
Signed dated and delivered at Migori this 22nd day of January, 2026.