Muchunga v Kamau & another (Civil Appeal E228 of 2022) [2025] KEHC 19263 (KLR) (16 September 2025) (Ruling) Neutral citation: [2025] KEHC 19263 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL APPEAL E228 OF 2022 DO CHEPKWONY, J SEPTEMBER 16, 2025 BETWEEN ANNA WANGUI MUCHUNGA ............................................................ APPELLANT AND JOSEPH NJOROGE KAMAU ....................................................... 1ST RESPONDENT GITAU WANGUI ........................................................................... 2ND RESPONDENT (Being an Appeal from the Judgment delivered by Honourable D. Musyoka on the 31st August, 2022 in Gatundu CMCC No.E024 of 2021) RULING 1. 2. The matter is for interparties hearing of the Notice of Motion application dated 10th June, 2025 in which the Applicant/1st Respondent is seeking for orders that:a. This Honourable Court be pleased to order that the money deposited in this Honourable Court by the defence/ Appellant on 4th November, 2022 amounting to Kshs.187,765.00 only be released to the 1st Respondent/ Applicant without further delay. b. Any other reason to be adduced at the hearing hereof. The Application is premised on the grounds set out on its face and further expounded in the Supporting Affidavit sworn on even date by the 1st Respondent/Applicant’s counsel, Mr. Benson Wainaina Kamunge. It has been deponed that the said sum of money was deposited in court on 4th November, 2022 as security for the due performance, being a condition for stay of execution pending the hearing and determination of an appeal filed by the Appellant. It has also been deponed that the https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19263/eng@2025-09-16 1
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said appeal was duly dismissed on 4th June, 2025 and it’s the 1st Respondent’s prayer that the same be released to him since he is financially desperate. 3. The application has not been opposed by the Appellant as indicated by his counsel, Mr. Njuguna through Mr. Kabiti, counsel holding his brief. 4. In the circumstances, the Notice of Motion application dated 10th June, 2025 be and is hereby allowed in the terms presented as follows:a. The money deposited in this Honourable Court by the Appellant/Defendant on 4th November, 2022 amounting to Kshs.187,765.00 be released to the 1st Respondent/ Applicant’s advocates on record. b. The costs of this application be in the cause. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 16TH DAY OF SEPTEMBER ,2025. D. O. CHEPKWONY JUDGE In the presence of: Mr. Mwangi counsel for 1st Respondent. Mr. Kabite holding brief for Mr. Njuguna counsel for Appellant/Respondents. Court Assistant – Sakina Kinyua https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19263/eng@2025-09-16 2
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