Great Rift Express Shuttle Ltd & another v Onjete (Civil Appeal E081 of 2023) [2026] KEHC 7872 (KLR) (13 May 2026) (Ruling) Neutral citation: [2026] KEHC 7872 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CIVIL APPEAL E081 OF 2023 E OMINDE, J MAY 13, 2026 BETWEEN GREAT RIFT EXPRESS SHUTTLE LTD ....................................... 1ST APPELLANT JAMES MWAURA ............................................................................. 2ND APPELLANT AND BRAMWEL MULELI ONJETE .......................................................... RESPONDENT RULING 1. Before this court is an Application by the Applicant dated 11th February, 2026 brought Under Section 1A, 1B, 3A and 34 of the Civil Procedure Act Order 22 Rule 35 and 51 Rule 1 of the Civil Procedure Rules and Section 148, 787,996 and 1002 of the Companies’ Act (No. 17 of 2015) seeking the following orders: a. Spent b. That Kshs. 250,000/= deposited as security in the appeal by the appellants be released to M/ S Omundi Bw’onchiri Advocates, Counsel for the respondent as part settlement of the decree in Bungoma CMCC No. 442 of 2018. c. Costs 2. The application is supported by the grounds on the face of it and the affidavit of Bramwel Muleli Onjete sworn on 6th March 2026. 3. Counsel for the applicant, Mr. Bw’onchiri sought that their Application be allowed and the release of the monies deposited in court. Counsel for the Respondent, Mr. Owino in his oral response stated that the monies can be released with no orders as to costs. 4. I have considered the Application and for reasons that it is not opposed, the same is allowed as follows: - https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7872/eng@2026-05-13 1
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a. An order is now hereby issued directing that Kshs. 250,000/= deposited as security in the appeal by the appellants be released to M/s Omundi Bw’onchiri Advocates, Counsel for the respondent as part settlement of the Decree in Bungoma CMCC No. 442 of 2018. b. This file is now hereby closed. READ DATED AND SIGNED AT BUNGOMA ON 13TH DAY OF MAY, 2026 E. OMINDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7872/eng@2026-05-13 2
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