Stiching Fcm Kenya & 2 others v Stephen Murungi & 1 other

Stiching Fcm Kenya & 2 others v Murungi & another (Civil Appeal E1034 of 2024) [2025] KEHC 16776 (KLR) (Civ) (18 November 2025) (Ruling) Neutral citation: [2025] KEHC 16776 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E1034 OF 2024 LP KASSAN, J NOVEMBER 18, 2025 BETWEEN STICHING FCM KENYA .................................................................. 1ST APPLICANT DIDAKUS MACHUKA MOCHACHE ........................................... 2ND APPLICANT CETRICK FREDRICK LUBEMBE ................................................. 3RD APPLICANT AND STEPHEN MURUNGI ................................................................... 1ST RESPONDENT PATRICK NDEREBA ................................................................... 2ND RESPONDENT RULING 1. This is an Application for stay pending Appeal and to appeal out of time. The right to file an Appeal is constitutional and so it is rarely rejected. The Appellants’ delay in filing this Appeal is around four months which to me, cannot be regarded as inordinate. The reason for this delay is "miscommunication" between the Applicants and their advocates. Although this cannot be proved sufficiently, it cannot either be rebutted sufficiently. 2. I have looked at the Memorandum of appeal and noted that there are issues that require scrutiny at this level and so the Appeal cannot be termed as an abuse of the Court process. On the issue of prejudice, the Court must balance the right of Appeal and the right to enjoy the fruits of Judgement. This can only be done by issuing a conditional stay. Previously, there was a conditional stay and so I shall affirm them without extension of the period to comply. 3. The Application is allowed. The Respondent shall have costs. DATED DELIVERED VIRTUALLY AND SIGNED ON THIS 18TH DAY OF NOVEMBER 2025 https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16776/eng@2025-11-18 1

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