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ELCDismissedChuka LDT 15 of 2009 (application dated 2nd June, 2021)· [2021] KEELC 2778 (KLR)

Jacob Njeru Karuku v Jacob Njeru Karuku [2021] KEELC 2778 (KLR)

High Court of Kenya
28 June 2021
PNP. M. Njoroge
710 words in judgment
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The bottom line

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A Kenyan High Court threw out an application to stop execution of a ruling because the applicant never paid the court-ordered Kshs. 500,000 security.

What this practically means

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Executive summary

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By a notice of motion dated 2nd June, 2021, brought under Article 159 of the Constitution, Sections 1A, 1B and 3A of the Civil Procedure Act, and Orders 42 Rule 6 and 51 Rule 1 of the Civil Procedure Rules, the appellant sought a stay of execution of the ruling delivered by N Kahara (SRM) on 8th April, 2021 in Chuka LDT 15 of 2009 and any orders arising from it, pending the hearing of a substantive application dated 12th April, 2021. Supported by the affidavit of the appellant's advocate, Nimrod Matunda, the application warned that the respondent had obtained eviction orders and intended to evict the appellant on 8th June, 2021, rendering the intended appeal nugatory. When the matter came up for directions on 28th June, 2021, the appellant and his advocate were absent. The respondent's advocate, Mr. Muthomi Gitari, informed the court that on 7th June, 2021 the court had already granted a conditional stay requiring the appellant to deposit Kshs. 500,000/= as security within 14 days, and produced the Deputy Registrar's letter of 24th June, 2021 confirming non-compliance. The court found as a fact that the appellant had not complied with the condition, held the application for dismissal meritorious, dismissed the application, vacated the conditional stay, awarded costs to the respondent, directed the appellant to file and serve the record of appeal within 14 days, and fixed directions for 26th July, 2021.

Key legal issues

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01

Whether a conditional stay of execution survives the applicant's non-compliance with the condition of depositing security

Holding

The conditional stay was vacated and the application dismissed because the appellant failed to deposit the ordered security of Kshs. 500,000/= within the stipulated 14 days

Reasoning

The court had on 7th June, 2021 granted a conditional stay on condition that the appellant deposit Kshs. 500,000/= with the court as security within 14 days. The respondent's advocate produced the Deputy Registrar's letter dated 24th June, 2021 confirming non-compliance. The court found as a fact that the appellant had not complied and held the respondent's application for dismissal meritorious, vacating the conditional stay and awarding costs to the respondent.

p. 2

Legal principles established

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  • A party granted a conditional stay of execution must comply with the conditions imposed; non-compliance justifies dismissal of the application and vacation of the stay

Court orders

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  1. 1.Application dated 2.6.2021 dismissed; the conditional stay of execution stands vacated
  2. 2.Costs of the application awarded to the respondent
  3. 3.Appellant directed to file and serve the record of Appeal within 14 days
  4. 4.Mr. Muthomi Gitari, the respondent's advocate, to serve the orders upon the appellant's advocate within 7 days
  5. 5.Directions on 26.7.2021

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159
  • Civil Procedure Act, Cap 21Sections 1A, 1B and 3A
  • Civil Procedure Rules, 2010Order 42 Rule 6
  • Civil Procedure Rules, 2010Order 51 Rule 1
On appeal from
Senior Resident Magistrate's Court (Chuka)
Chuka LDT 15 of 2009
Jurisdiction invoked
Article 159 of the Constitution of Kenya, 2010; Sections 1A, 1B and 3A of the Civil Procedure Act, Cap 21; Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Jacob Njeru Karuku v Jacob Njeru Karuku [2021] KEELC 2778 (KLR)", Case Analysis (2021). Chuka LDT 15 of 2009 (application dated 2nd June, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2778/eng@2021-06-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.