Gago Leakey Acharry v Moses Irukan Esseu & Others

Acharry v Esseu & others (Judicial Review E010 of 2025) [2026] KEHC 2262 (KLR) (25 February 2026) (Ruling) Neutral citation: [2026] KEHC 2262 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA JUDICIAL REVIEW E010 OF 2025 WM MUSYOKA, J FEBRUARY 25, 2026 BETWEEN GAGO LEAKEY ACHARRY ................................................................... APPLICANT AND MOSES IRUKAN ESSEU & OTHERS ............................................... RESPONDENT RULING 1. I am called upon to determine an application, dated 12th November 2025. It seeks stay of execution and leave to appeal. 2. I have read and considered the application, as well as the trial court record. 3. I am persuaded to grant leave to the applicant to file appeal, within 30. 4. There shall be stay of execution, pending the filing of the proposed appeal and its determination, if filed. 5. As a condition for the stay, the applicant shall deposit the judgement sum, of Kshs. 221,989.00, at the trial court, in 30 days, in default of which the stay order shall automatically lapse. 6. Orders accordingly. DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 25TH DAY OF FEBRUARY 2026. WM MUSYOKA JUDGE Mr. Arthur Etyang, Court Assistant. Mr. Leakey Alex Gago, the applicant, in person. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2262/eng@2026-02-25 1

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