Gao v Soo

GAO v SOO (Miscellaneous Cause E258 of 2024) [2026] KEHC 592 (KLR) (Family) (30 January 2026) (Ruling) Neutral citation: [2026] KEHC 592 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) FAMILY MISCELLANEOUS CAUSE E258 OF 2024 PM NYAUNDI, J JANUARY 30, 2026 BETWEEN GAO ............................................................................................................ APPELLANT AND SOO ........................................................................................................ RESPONDENT RULING 1. Vide Notice of Motion application dated 6th November 2024, the Applicant moved the Court for orders seeking inter alia that there be a stay of execution of the judgment of the Court in Children’s Case No. E1821 OF 2022 pending the hearing of an intended appeal 2. I deferred the hearing of the application and directed that the matter proceed to hearing of the appeal. Directions were given and parties filed submissions. On reviewing the record I have found that the applicant herein has not filed an appeal, a record of appeal has been filed within a miscellaneous cause. 3. The Notice of Motion is therefore dead on arrival as it has no feet upon which it can stand in the absence of a substantive appeal. 4. On costs, I note that the Court struck out a similar application between the same parties in High Court MISC N0. E179 OF 2024. I find that this is an appropriate case to award costs to the respondent. Accordingly the respondent will have costs assessed at Kshs.30000 payable within 30 days. It is so ordered DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 30TH JANUARY 2026. P.M. NYAUNDI https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/592/eng@2026-01-30 1

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