Kariuki v Nyambura (Civil Appeal E095 of 2022) [2025] KEHC 19264 (KLR) (4 September 2025) (Ruling) Neutral citation: [2025] KEHC 19264 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL APPEAL E095 OF 2022 DO CHEPKWONY, J SEPTEMBER 4, 2025 BETWEEN RICHARD MWAURA KARIUKI ......................................................... APPELLANT AND JOHN KAMAU NYAMBURA ............................................................ RESPONDENT (Being an Appeal from the whole Judgment delivered by the Honourable Principal Magistrate H. M. Nganga (PM) on 20th April, 2022 in Gatundu CMCC No.198 of 2019) RULING 1. This is a ruling in respect of a Notice of Motion application dated 28th January, 2025 in which the Applicant, Richard Mwaura Kariuki is seeking the following orders:a. Spent. b. That the sum of Kshs.799,907/= deposited by the Appellant on 16th July, 2022 as security be forthwith released to the Respondent’s advocates in partial settlement of the decretal amount, costs and interest of Gatundu CMCC No. 198 of 2019 and the costs of the appeal herein. c. That the costs of this application be borne by the Appellant. 2. The Application is based on the grounds as set out on its face and the Supporting Affidavit of Julia Munyua, an Advocate representing the Respondent/Applicant, sworn even date. The Respondent/ Applicant holds that upon filing of the present appeal, the Appellant/Respondent applied and was granted stay of execution on condition that he deposits the decretal sum in court as security for the due performance of the decree. That the sum of Kshs.799,907 was thus deposited on 16th July, 2022. 3. According to the Respondent/Applicant, the Appeal was dismissed on 5th July, 2024 and as such seeks the release of the decretal sum to partially settle the sum. The Respondent/Applicant avers that the https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19264/eng@2025-09-04 1
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Appellant/ Respondent has refused to execute a consent entered between them to allow for the release of the said sum which resulted into the filing of this application. He thus urges the court to allow his application as prayed. 4. The court has noted the application came up for interparties hearing and upon listening to the Applicant the application was served upon the Appellant/Respondent as evidenced by an Affidavit of Service sworn by Phyrus Kamau Njuguna on 31st January, 2025. However, there is no response to the application filed, hence the application is unopposed. 5. This court has perused the record and confirms that indeed the appeal was dismissed on 5th July, 2024. For this reason, it goes without saying that the security deposited in court for due performance of the decree ought to be released as it no longer serves any purpose. Thus, the Notice of Motion application dated 28th January, 2025 is hereby allowed and the following orders issue:a. That the sum of Kshs.799,907/= deposited by the Appellant on 16th July, 2022 as security be forthwith released to the Respondent/Applicant’s Advocates in partial settlement of the decretal amount, costs and interest of Gatundu CMCC No.198 of 2019 and the costs of the appeal herein. b. That the costs of this application to be borne by the Appellant/Respondent. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 4TH DAY OF SEPTEMBER , 2025. D. O. CHEPKWONY JUDGE In the presence of: M/S Munyua counsel for the Respondent/Applicant Court Assistant - Kinyua https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19264/eng@2025-09-04 2
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