Kamau v Kelwon & another (Suing as the Administrators of the Estate of the Late Elijah Kelwon Cheburet) & 5 others (Civil Appeal E064 of 2025) [2025] KEHC 18081 (KLR) (2 December 2025) (Ruling) Neutral citation: [2025] KEHC 18081 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI CIVIL APPEAL E064 OF 2025 AN ONGERI, J DECEMBER 2, 2025 BETWEEN PETER GITIHA KAMAU ....................................................................... APPELLANT AND MAGDALINER TABUTANY KELWON & ELIJAH KELWON CHEBURET (SUING AS THE ADMINISTRATORS OF THE ESTATE OF THE LATE ELIJAH KELWON CHEBURET) ................................................................ 1ST RESPONDENT CHOGA CHINDORO .................................................................. 2ND RESPONDENT JOSHUA MATHENGE .................................................................. 3RD RESPONDENT EAST AFRICAN INSTITUTE OF AFRICAN STUDIES .......... 4TH RESPONDENT EAST NCBA BANK KENYA PLC ............................................... 5TH RESPONDENT JOSEPH MUIRI KARIUKI .......................................................... 6TH RESPONDENT RULING 1. The Applicants/Objectors filed the application dated 21st November 2025 under certificate of urgency seeking stay of execution and further execution of the decree in Voi CMCC No. E249 of 2022 and stay of release of the proceeds of the unlawful sale of the Applicant/Appellant’s PSV motor vehicle registration KCY 289C pending the hearing of the application and intended appeal. 2. The court certified the application dated 21st November 2025 urgent and gave this date (2nd December 2025) for inter partes hearing. 3. The 1st Respondent filed Grounds of Opposition (GOO) dated 28th November 2025 stating that the motor vehicle was sold on 18th November 2025 when there was no order of stay of execution. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18081/eng@2025-12-02 1
page 1 of 2
4. The Applicant/Appellant has stated in the Supporting Affidavit that as at 21st November 2025, he was the lawful registered proprietor of motor vehicle registration KCY 289C according to records at NTSA whom do I believe? 5. I find that this appeal raises weighty issues which require ventilation by way of conversing the application urgently. 6. I direct that the Applicant files the supporting affidavit and submissions within 3 days of this date. 7. Thereafter, the 1st Respondent also to file their written submissions within 3 days. 8. Mention on 9th December 2025 for a Ruling date. 9. In the meantime prayer 4 of the application dated 21st November 2025 is granted pending inter partes hearing. DATED, SIGNED AND DELIVERED THIS 2ND DAY OF DECEMBER 2025 IN OPEN COURT AT VOI HIGH COURT. ASENATH ONGERI JUDGE In the presence of:Court Assistant: Mabishi/Millicent Mr. Kinyanjui for the Appellant Mr. Arusei for the 1st Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18081/eng@2025-12-02 2
page 2 of 2