Agnes Wangari Wainaina & 1 other v David Shikhomela & 1 other

Wainaina & another (Suing as the Legal Representatives of John Wainaina) v Shikhomela & another (Civil Appeal 374 of 2019) [2025] KEHC 17969 (KLR) (Civ) (2 December 2025) (Ruling) Neutral citation: [2025] KEHC 17969 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL 374 OF 2019 LP KASSAN, J DECEMBER 2, 2025 BETWEEN AGNES WANGARI WAINAINA ...................................................... 1ST APPLICANT PAUL KIARIE .................................................................................... 2ND APPLICANT SUING AS THE LEGAL REPRESENTATIVES OF JOHN WAINAINA AND DAVID SHIKHOMELA ................................................................. 1ST RESPONDENT MULTIPLE HAULIERS EA LIMITED ........................................ 2ND RESPONDENT RULING 1. This is an Application to arrest an impending ruling and stay proceedings of a matter of a company which is in insolvency. I have read all relevant documents most importantly is a Ruling by Justice Mabeya staying all actions against the 2nd Respondent. 2. The orders by Justice Mabeya are very clear, they did not specify any action to be stayed but the stay was for "all actions". The process of taxation is an action against Multiple Hauliers which is insolvent. By proceeding with taxation, this Court will be going against the order issued by a Court with a concurrent jurisdiction. 3. Consequently, I allow the application dated the 30th day of June 2025. 4. Each party shall bear own costs. DATED, DELIVERED VIRTUALLY AND SIGNED ON THIS 2ND DAY OF DECEMBER 2025. HON L P KASSAN https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/17969/eng@2025-12-02 1

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