Ogejo Omboto & Kijala, Advocates, Llp v United Millers Limited

Ogejo Omboto & Kijala, Advocates, LLP v United Millers Limited (Miscellaneous Application E040 of 2023) [2025] KEHC 18974 (KLR) (22 December 2025) (Ruling) Neutral citation: [2025] KEHC 18974 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA MISCELLANEOUS APPLICATION E040 OF 2023 WM MUSYOKA, J DECEMBER 22, 2025 BETWEEN OGEJO OMBOTO & KIJALA, ADVOCATES, LLP .............................. APPLICANT AND UNITED MILLERS LIMITED ............................................................ RESPONDENT RULING 1. I am called upon to determine an application, dated 14th October 2025. It seeks stay of execution of the ruling that I delivered herein on 7th October 2025, pending hearing and determination of an appeal that the respondent has filed. 2. Stay of execution can only be of an order, and not of the ruling itself. A ruling is not capable of execution, for it is the order made in that ruling which is executable. 3. In the ruling of 7th October 2025, I dismissed the application, dated 6th June 2025. A dismissal order is not capable of execution, to warrant stay of execution orders being made, with respect to it. 4. In view of the above, I do not have any material, before me, upon which I can grant the orders sought in the application, by way of the Motion, dated 14th October 2025. 5. That application is hereby dismissed, with costs. The temporary orders in place are hereby discharged. Orders accordingly. DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 22ND DAY OF DECEMBER 2025. WM MUSYOKA JUDGE Mr. Arthur Etyang, Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/18974/eng@2025-12-22 1

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