RULING
1. The Appellant has moved this court vide a Notice of Motion dated 27th May 2026, which is supported by an affidavit Peter Kaoga, sworn on even date and it craves for orders ofcertification of this application as urgent, orders of stay of execution of the judgment of Hon J.W. Nasimiyu delivered on 8th May 2026 in Milimani SCCCOMM/E108565/2025, pending the hearing of this application inter parte and eventually pending the hearing and determination of this appeal.
2. This court certified the application as urgent on 9th June 2026 and granted the appellant an interim order of stay of execution of the judgment of the subordinate court.
3. When this application came up for hearing inter parte on 17th June 2026, Mr Jaoka for the appellant submitted that the appellant was ready and willing to deposit, within 30 days, the entire decretal sum in a joint interest earning account in the name of the parties’ advocates, as security for the due settlement of the judgment sum in the event that the appeal does not succeed.
4. Mr Muchiri counsel for the respondent submitted that the respondent was opposed to the application and had filed a replying affidavit sworn by Edward Ndirangu on 11th June 2026. He further submitted that a concession could be made were the appellant to deposit the money in a join account of parties’ advocates within 14 days.
5. I have duly considered the application herein, the rival affidavits sworn in support thereof and in opposition thereto. I have also considered the submissions of parties’ counsels and I do find that the appellant has offered to furnish security in due compliance with the provisions of Orders 42 Rule 6 (2) (b) of the Civil Procedure Rules wherefore I am inclined to allow it’s application least the appeal is rendered nugatory by execution of the impugned judgment.
6. The orders that commend themselves to this court are as follows:
i) An order of stay of execution is hereby granted in respect of the judgment delivered on 8th may 2026 in Milimani SCCCOM/E108565/2025; TIF ENGINEERING SERVICES VS RADMARC MINING COMPLIMENTATIVE COMPANY LIMITED, until the appeal herein is heard and determined on the following conditions;
a) The appellant to deposit, within 30 days from the date hereof, the entire decretal sum of Ksh 1,000,000/- plus assessed cost of Ksh 80,000/-, all amounting to Ksh 1,080,000 in a joint interest earning account in the names of the parties' advocates with Kenya Commercial Bank Limited.
b) In the event of default in compliance with order 1(a) hereinabove, the stay order shall automatically lapse and the respondent shall be at liberty to execute.
ii) The costs of this application shall abide the outcome of the appeal.
IT IS HERBY SO ORDERED
Delivered, Dated and Signed at Milimani this 17th day of June 2026.
M. S. Shariff
Judge
1. The Appellant has moved this court vide a Notice of Motion dated 27th May 2026, which is supported by an affidavit Peter Kaoga, sworn on even date and it craves for orders ofcertification of this application as urgent, orders of stay of execution of the judgment of Hon J.W. Nasimiyu delivered on 8th May 2026 in Milimani SCCCOMM/E108565/2025, pending the hearing of this application inter parte and eventually pending the hearing and determination of this appeal.
2. This court certified the application as urgent on 9th June 2026 and granted the appellant an interim order of stay of execution of the judgment of the subordinate court.
3. When this application came up for hearing inter parte on 17th June 2026, Mr Jaoka for the appellant submitted that the appellant was ready and willing to deposit, within 30 days, the entire decretal sum in a joint interest earning account in the name of the parties’ advocates, as security for the due settlement of the judgment sum in the event that the appeal does not succeed.
4. Mr Muchiri counsel for the respondent submitted that the respondent was opposed to the application and had filed a replying affidavit sworn by Edward Ndirangu on 11th June 2026. He further submitted that a concession could be made were the appellant to deposit the money in a join account of parties’ advocates within 14 days.
5. I have duly considered the application herein, the rival affidavits sworn in support thereof and in opposition thereto. I have also considered the submissions of parties’ counsels and I do find that the appellant has offered to furnish security in due compliance with the provisions of Orders 42 Rule 6 (2) (b) of the Civil Procedure Rules wherefore I am inclined to allow it’s application least the appeal is rendered nugatory by execution of the impugned judgment.
6. The orders that commend themselves to this court are as follows:
i) An order of stay of execution is hereby granted in respect of the judgment delivered on 8th may 2026 in Milimani SCCCOM/E108565/2025; TIF ENGINEERING SERVICES VS RADMARC MINING COMPLIMENTATIVE COMPANY LIMITED, until the appeal herein is heard and determined on the following conditions;
a) The appellant to deposit, within 30 days from the date hereof, the entire decretal sum of Ksh 1,000,000/- plus assessed cost of Ksh 80,000/-, all amounting to Ksh 1,080,000 in a joint interest earning account in the names of the parties' advocates with Kenya Commercial Bank Limited.
b) In the event of default in compliance with order 1(a) hereinabove, the stay order shall automatically lapse and the respondent shall be at liberty to execute.
ii) The costs of this application shall abide the outcome of the appeal.
IT IS HERBY SO ORDERED
Delivered, Dated and Signed at Milimani this 17th day of June 2026.
M. S. Shariff
Judge