Henry Ruter Njagi v Peter Mwangi Kamau & 1 other

Njagi v Kamau & another (Miscellaneous Civil Application E097 of 2025) [2026] KEHC 3066 (KLR) (23 February 2026) (Ruling) Neutral citation: [2026] KEHC 3066 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KERUGOYA MISCELLANEOUS CIVIL APPLICATION E097 OF 2025 EM MURIITHI, J FEBRUARY 23, 2026 BETWEEN HENRY RUTER NJAGI .......................................................................... APPLICANT AND PETER MWANGI KAMAU .......................................................... 1ST RESPONDENT GIANT AUCTIONEERS .............................................................. 2ND RESPONDENT RULING 1. Upon considering the application for stay of execution pending appeal dated 26/11/2025 and the Replying Affidavit of 10/12/2025, the Court finds merit in the application on the grounds of alleged want of notice of the suit and the likely substantial loss by threatened sale of the Proclaimed Motor Vehicle registration KCEXXXB. 2. The court considers that the application for leave to appeal out of time may be granted on condition that the entire decretal sum of Ksh.842,336 is deposited into an interest earning account in the joint names of the advocates for the parties within 30 days. Orders 3. Consequently, the Notice of Motion dated 26/11/2026 is granted in terms of prayers 2 and 3, and the stay of execution pending appeal is granted on condition that the decretal sum of Ksh.842,336 is deposited into a joint interest-earning account in the names of the advocates for the parties within thirty (30) days. 4. In default, execution to issue. 5. The Memorandum of Appeal and the Record of Appeal shall be filed within fourteen (14) days and sixty (60) days, respectively. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3066/eng@2026-02-23 1

page 1 of 2