The Application dated 07.11.2023 seeks stay of execution of the decree in the primary suit; HCCC NO. 230 OF 2015. As this is a declaratory suit filed against the insurer which seeks to enforce a statutory right or duty under the Insurance (Motor Vehicle Third Party Risks) Act (Cap 405), the court lacks jurisdiction to grant orders of stay in the primary suit. A declaratory suit is not against the insured. Moreover, the Judgment-Creditor in the primary suit cannot be a party to this suit hence its rights cannot be prejudiced by an order in a suit in which it is not a lawful party . The Plaintiff should seek relief in the primary suit instead. The application is dismissed with no order as costs.
DATED and DELIVERED at NAIROBI this 1st day of MARCH 2023
D. S. MAJANJA
JUDGE