Joyce Chepngeno v Fredrick Ongono (suing As Administrator and Personal Representative of Estate of The Late Denis Makoha Ongono)

Chepngeno v Ongono (Suing as Administrator and Personal Representative of Estate of the Late Denis Makoha Ongono) (Civil Appeal E040 of 2024) [2025] KEHC 19023 (KLR) (3 December 2025) (Ruling) Neutral citation: [2025] KEHC 19023 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERICHO CIVIL APPEAL E040 OF 2024 JK SERGON, J DECEMBER 3, 2025 BETWEEN JOYCE CHEPNGENO ............................................................................. APPELLANT AND FREDRICK ONGONO (SUING AS ADMINISTRATOR AND PERSONAL REPRESENTATIVE OF ESTATE OF THE LATE DENIS MAKOHA ONGONO) ............................................................................................. RESPONDENT (Being an Appeal against the entire Judgment of Honourable Clare Odunga delivered on 6th March, 2025 in Kericho CMCC No.263 of 2022) RULING 1. The Appellant herein took out the Motion dated 25th March, 2025 whereof she sought for Stay of Execution of the decree of the Trial Court pending Appeal. The Appellant swore a Supporting Affidavit and a Further Affidavit and filed the same in support of the motion. The Respondents filed grounds of opposition to oppose the motion. 2. It is the submission of the Appellant/Applicant that unless the order for Stay of Execution is granted, she would suffer irreparable loss and damage since the appeal will be rendered nugatory. 3. The Respondent opposed the application arguing that since the decree has not been extracted, there is no decree in place to warrant the issue of Stay of Execution of the same. The Respondent did not dispute the averment that the Appeal will be rendered nugatory in that if the decretal sum is paid, the Respondents may not be in a position to refund. 4. This Court is convinced by the argument put forward that unless the order for Stay is granted, the decretal sum if paid it may become extremely difficult for the Appellant to get a refund, if the Appeal turns successful. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19023/eng@2025-12-03 1

page 1 of 2