REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CIVIL MISC APPLICATION NO. E068 OF 2026 TOM WAFULA BIKETI …………..........................…………. 1ST APPLICANT SUSY NANGEKHE WAKAMALA ………………………….. 2ND APPLICANT VERSUS JULIA WATUVUKHA MASINDE, RODAH MAJUMA SIMIYU & JOSEPH WABOMBA KIENYI (Suing as the administrators of the estate of the late LEONARD SIMIYU KUNIKINA aka LEONAED SIMIYU … RESPONDENT KOMBO RASHID NAMURWE (Suing as the Administrator to the estate of RASHID MASHAURI NAMURWE (Deceased) ………… 2nd RESPONDENT RULING 1. Before this court is an application by the applicant dated 26 th March, 2026 brought Under Section 1(A) 1(B) & 95 & 79G of the Civil Procedure Rules and all other enabling provisions of the Law seeking the following orders: a) Spent b) That there be stay of execution of the decree passed in Bungoma Chief Magistrate’s Court Civil Case No. E318 of 2024 between Julia Watuvukha Masinde, Rodah Majuma Simiyu & Joseph Wabomba Kikenyi Suing as the administrators of the estate of the Late Leonard Simiyu Kunikina aka Leonard Simiyu Vs Tom Wafula Biketi & another pending the hearing and determination of this Application. HMISC NO. E059 OF 2024 Page 1 of 3
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c) That the applicant herein be granted leave to lodge an appeal out of time in respect of Judgment and decree in Bungoma Chief Magistrate’s Court Civil Case No. E318 of 2024 between Julia Watuvukha Masinde, Rodah Majuma Simiyu & Joseph Wabomba Kikenyi Suing as the administrators of the estate of the Late Leonard Simiyu Kunikina aka Leonard Simiyu Vs Tom Wafula Biketi & another which was delivered on 23 rd February, 2026. d) That costs of this application to await the filing of the appeal. 2. The application is supported by the grounds on the face of it and the affidavit sworn by Simiyu Makokha on 26th March, 2026. 3. The applicant informed court that the application was served on the respondents and that they have not received any Response. He prays that it be allowed to enable them file the appeal and that costs can await the appeal. He states he can file the appeal within 3 days if leave is granted. 4. Miss Wesonga in her oral submissions stated that they are not opposed to the appeal and the same can be allowed with costs in the cause. 5. Having perused the Application and Supporting Affidavit thereto and I issue the following orders; a) That the application dated 26th March, 2026 is allowed with costs in the cause. HMISC NO. E059 OF 2024 Page 2 of 3
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b) The appeal is to be filed and served within 7 days from the date hereof. c) Mention on 8th July 2026 for directions on hearing of the appeal. Read Dated and Signed at BUNGOMA on 11th day of May, 2026 E. OMINDE JUDGE HMISC NO. E059 OF 2024 Page 3 of 3
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