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Original judgment

David Ouma Onduto v Mary Akinyi Sombe

Onduto v Sombe (Civil Appeal E063 of 2025) [2026] KEHC 3525 (KLR) (16 March 2026) (Ruling) Neutral citation: [2026] KEHC 3525 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT HOMA BAY CIVIL APPEAL E063 OF 2025 OA SEWE, J MARCH 16, 2026 BETWEEN DAVID OUMA ONDUTO ...................................................................... APPELLANT AND MARY AKINYI SOMBE ...................................................................... RESPONDENT RULING 1 I have perused and considered the Notice of Motion dated 4/12/2025 together with its Supporting Affidavit and the documents annexed thereto. The applicant seeks stay of execution pending the hearing and determination of this appeal. The application is unopposed. 2 In the premises, I find no reason to decline the same. 3 The application is hereby allowed and orders granted as hereunder: 4. That stay of execution of the judgment and Decree passed in Kendu Bay SPMCC No. E032/2025 be and is hereby granted pending the hearing and determination of the appeal. 5. That by way of security, the applicant to deposit the entire decretal sum in court within 30 days from the date hereof. 6. Mention on 27/8/2026 for directions on the appeal. Mention notice to issue. DATED, SIGNED AND DELIVERED VIRTUALLY AT HOMA BAY THIS 16TH DAY OF MARCH, 2026 OLGA SEWE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/3525/eng@2026-03-16 1

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