1. The applicant has moved the court by way of Notice of Motion dated 6th of February 2026 seeking the following orders:
1) …Spent.
2) THAT this Honourable court be and is hereby pleased to release the part decretal sum of Kshs. 60,000.00 deposited in an interest earning Bank Account- Account No. 0012093187002 held at Kingdom bank be released to the bank account provided by the advocates for the Respondent/Applicant.
2. The costs of and incidental to this Application be in the course.
3. On 28th July 2025 the court directed the appellant to deposit sum of Kshs. 60,000 a security for due performance of the decree.
4. The said amount was deposited in the above-mentioned Account.
5. Subsequently the appeal was dismissed on 30th January 2026.There is need to release the funds in the circumstances that given that the purpose of the security is spent.
6. The application is not opposed.
7. The court is satisfied that the applicant is entitled to the orders sought.
Order;
In the circumstances, the application is allowed as prayed.
Dated, Signed and Delivered at Eldoret this 10th day of July, 2026.
1) …Spent.
2) THAT this Honourable court be and is hereby pleased to release the part decretal sum of Kshs. 60,000.00 deposited in an interest earning Bank Account- Account No. 0012093187002 held at Kingdom bank be released to the bank account provided by the advocates for the Respondent/Applicant.
2. The costs of and incidental to this Application be in the course.
3. On 28th July 2025 the court directed the appellant to deposit sum of Kshs. 60,000 a security for due performance of the decree.
4. The said amount was deposited in the above-mentioned Account.
5. Subsequently the appeal was dismissed on 30th January 2026.There is need to release the funds in the circumstances that given that the purpose of the security is spent.
6. The application is not opposed.
7. The court is satisfied that the applicant is entitled to the orders sought.
Order;
In the circumstances, the application is allowed as prayed.
Dated, Signed and Delivered at Eldoret this 10th day of July, 2026.