Gachimu v Kungu (Civil Appeal E160 of 2025) [2026] KEHC 4019 (KLR) (30 January 2026) (Ruling) Neutral citation: [2026] KEHC 4019 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL APPEAL E160 OF 2025 DO CHEPKWONY, J JANUARY 30, 2026 BETWEEN ISAAC NGETHE GECHIMU .................................................................. APPLICANT AND SAMUEL MUTHEE KUNGU ............................................................. RESPONDENT (Being an Appeal from the Judgment of the Chief Magistrate Court at Kikuyu delivered on 8th August, 2023 in Civil Suit No.172 of 2020) RULING 1. On 12th September, 2025, this Court ordered the Applicant to deposit half of the decretal amount being Kshs. 7,108,727.50/= in court within forty-five (45) days as security for due performance. 2. When the matter came up on 28th October, 2025, Counsel for the Applicant informed the court that on 7th October, 2025, he wrote to the Respondent’s Counsel proposing to deposit a sum of Kshs. 3,000,000/= in a joint account and the balance of Kshs. 4,108,727 to be paid by end of March, 2016. However the Applicant holds that the Respondent’s Counsel only responded to the said letter on 24th October, 2025 and they were agreeable to the partial compliance. 3. He stated that he has received the bank account opening forms which he undertook to forward to the Respondent for filling. He also stated that the appeal emanates from Kikuyu law courts which was burnt down and are now unable to get typed proceedings for purposes of preparing Record of Appeal and thus sought for extension of time for full compliance. 4. The Respondent’s Counsel confirmed receipt of the Applicant’s letter and that he is agreeable to the payment of Kshs. 3,000,000 in a joint account. However with the balance of Kshs. 4,108,727.00, counsel he informed the Applicant that it will be a deviation of the court orders and was of the view that the full amount should be deposited in court as ordered before the next date. Counsel stated that https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4019/eng@2026-01-30 1
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he is yet to be served with the Record of Appeal and urged the court to issue a mention date to confirm the opening of the Bank Account and payment of the monies in full as he awaits further directions of the appeal. 5. In rejoinder, the Applicant’s Counsel urged the court to allow him pay the full amount by end of March, 2026 but the deposit of Kshs. 3,000,000/= to be made in the joint account. 6. Having listened to the Counsel for the Applicant as well as Counsel for the Respondent,the court bears in mind that it issued directions in the matter for the Applicant to deposit half of the decretal sum in court within forty-five (45) days which is yet to be done. The court further notes that vide the partial agreement of the parties, the Applicant deposits Kshs. 3,000,000/= in a joint interest earning account. Given that this amount is not in contention with the court orders, the same to be done within seven (7)days. 7. With respect to the appeal, the court notes that the judgment emanates from Kikuyu law courts which was affected by the arson in June, 2025. Therefore, as the situation stands, it is impossible to get the original record of proceedings of the trial Court and the court still await directions on how to proceed with such appeals. 8. In the meantime, the Court proceeds to allow the Applicant to extend the period within which to deposit the balance of Kshs. 4,108,727/= to be deposited by 30th January, 2025. For avoidance of doubt, the following orders issue:a. The Applicant be and is hereby ordered to deposit Kshs.4,108,727/= in court by 30th January, 2026. b. Mention on 2nd February, 2026 before the Deputy Registrar for parties to confirm compliance and take further directions. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF JANUARY , 2026. D. O. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4019/eng@2026-01-30 2
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