Richard v Atieno (Civil Appeal E020 of 2026) [2026] KEHC 8322 (KLR) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 8322 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MIGORI CIVIL APPEAL E020 OF 2026 ACA ONG’INJO, J MAY 7, 2026 BETWEEN REGINAL RICHARD ............................................................................. APPELLANT AND IRENE ATIENO ................................................................................... RESPONDENT RULING 1. Before this court is an application dated 3rd March,2026 seeking stay of proceedings in declaratory suit in Migori CMCCC No. E002 of 2026 and stay of execution of the decree in Migori CMCC No. E107 of 2024 pending hearing and determination of the appeal. 2. The application was opposed by the Replying Affidavit sworn by the Respondent. 3. Directions were taken for hearing of the application by way of written submissions. 4. This court has considered the application, the grounds of the application and the Replying Affidavit as well as the submissions of the parties and hereby makes an order for stay of execution of the decree in Migori CMCCC No. E107 of 2024 on condition that the Applicant/ Appellant deposits half the decretal sum in an interest earning account in the joint names of the Advocates on record for the parties within 30 days. In the alternative the Applicant is also at liberty to deposit a bank guarantee for the entire decretal sums within 30 days. In default of compliance the Respondent will be at liberty to execute without recourse to the court. 5. Regarding stay of proceedings in the declaratory suit the Applicant is not a party in the said suit and the Defendant in that suit is not a party in these proceedings. The Applicant has not shown that he has authority to make the application on behalf of the Defendant in the declaratory suit. The said prayer is therefore declined accordingly. Costs of the application shall abide the outcome of the appeal. 6. This appeal shall be mentioned on 11th June 2026 to confirm Records of Appeal filed and served and for directions on the hearing of the appeal. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8322/eng@2026-05-07 1
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DATED, SIGNED AND DELIVERED AT MIGORI THIS 7TH DAY OF MAY, 2026. HON. ANNE ADWERA- ONG’INJO JUDGE In the Presence of: Calvince – Court Assistant Ms. Muyuka Advocate for Applicant Mrs. Okumu Advocate for Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8322/eng@2026-05-07 2
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