RULING
1. Vide a Notice of Motion dated 14.7.2026 supported by an affidavit of Stanley Kyungu Kithome of even date, the appellant craved for orders of stay of execution of the judgment delivered on 19.6.2026 in Milimano MCCC No. E5608 of 2025, until this appeal is heard and determined.
2. This application came for hearing on 22.7.2026 when Ms. Mbugua for the appellant submitted that the same was unopposed and that the appellant was ready and willing to deposit the entire decretal sum in a joint interest earning account of parties’ advocates.
3. Mr. Munyoki for the respondent submitted that the Respondent was awaiting mapping hence her failure to file a response in time. He however submitted that his client was asking for payment of one half of the judgment sum to herself and a deposit of the other half in a joint interest earning account in the name of parties’ advocates.
4. This court has duly considered the application herein, the supporting affidavit with it’s enclosures and the rival submissions of counsels for the parties and given that the appellant has offered to furnish security by way of a deposit of the judgment sum in a joint interest earning account of the parties’ advocates, I do find that he has met the threshold for grant of orders of stay of execution pending appeal as prescribed under order 42 rule 6 of the Civil Procedure Rules 2010 as amended in 2020. The interest of the respondent will be safeguarded while allowing the appellant to exercise his right of appeal without the risk of the appeal being rendered nugatory through execution of the impugned judgment.
5. Premised on the reasons stated hereinabove, I find that this application is well merited and I therefore allow it and I proceed to make the following orders.
(i) An order of stay of execution pending appeal is hereby granted in respect of the judgment delivered on 19.6.2026 in Milimani MCCC No. E5608 of 2025 on condition that a sum of kshs.2,837,094.90 be deposited in a joint interest earning account in the name of parties’ advocates with a reputable bank within 45 days from the date hereof.
(ii) That in the event of default in compliance with order (i) hereinabove, the orders of stay shall automatically lapse.
(iii) The appellant shall bear his own costs of this application.
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Milimani this 22nd day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of;-
Ms. Mbugua Mr. Munyoki for the Respondent
Aziza – Court Assistant;
1. Vide a Notice of Motion dated 14.7.2026 supported by an affidavit of Stanley Kyungu Kithome of even date, the appellant craved for orders of stay of execution of the judgment delivered on 19.6.2026 in Milimano MCCC No. E5608 of 2025, until this appeal is heard and determined.
2. This application came for hearing on 22.7.2026 when Ms. Mbugua for the appellant submitted that the same was unopposed and that the appellant was ready and willing to deposit the entire decretal sum in a joint interest earning account of parties’ advocates.
3. Mr. Munyoki for the respondent submitted that the Respondent was awaiting mapping hence her failure to file a response in time. He however submitted that his client was asking for payment of one half of the judgment sum to herself and a deposit of the other half in a joint interest earning account in the name of parties’ advocates.
4. This court has duly considered the application herein, the supporting affidavit with it’s enclosures and the rival submissions of counsels for the parties and given that the appellant has offered to furnish security by way of a deposit of the judgment sum in a joint interest earning account of the parties’ advocates, I do find that he has met the threshold for grant of orders of stay of execution pending appeal as prescribed under order 42 rule 6 of the Civil Procedure Rules 2010 as amended in 2020. The interest of the respondent will be safeguarded while allowing the appellant to exercise his right of appeal without the risk of the appeal being rendered nugatory through execution of the impugned judgment.
5. Premised on the reasons stated hereinabove, I find that this application is well merited and I therefore allow it and I proceed to make the following orders.
(i) An order of stay of execution pending appeal is hereby granted in respect of the judgment delivered on 19.6.2026 in Milimani MCCC No. E5608 of 2025 on condition that a sum of kshs.2,837,094.90 be deposited in a joint interest earning account in the name of parties’ advocates with a reputable bank within 45 days from the date hereof.
(ii) That in the event of default in compliance with order (i) hereinabove, the orders of stay shall automatically lapse.
(iii) The appellant shall bear his own costs of this application.
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Milimani this 22nd day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of;-
Ms. Mbugua Mr. Munyoki for the Respondent
Aziza – Court Assistant;