Justus Ngugi v St John’s Optical Services

Ngugi v St John’s Optical Services (Civil Appeal E013 of 2026) [2026] KEHC 8600 (KLR) (17 June 2026) (Ruling) Neutral citation: [2026] KEHC 8600 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUSIA CIVIL APPEAL E013 OF 2026 SM MOHOCHI, J JUNE 17, 2026 BETWEEN JUSTUS NGUGI ........................................................................................ APPLICANT AND ST JOHN’S OPTICAL SERVICES ...................................................... RESPONDENT RULING 1. This is an Application filed pursuant to Order 24 rule 6 of the Civil Procedure Rules, dated 10th March 2026 essentially seeking stay of execution of a decree in Busia SCC No E195 of 2025 pending hearing of the instant Appeal. 2. It is noteworthy that the applicant failed to file any of the annexures’ listed in his Affidavit of support including the impugned Ruling being Appealed against and the Decree sought to be stayed 3. The instant Appeal is an interlocutory Appeal against ruling dated 3rd March 2026 dismissing the Applicants Application to set aside a default judgment. 4. The Judgment giving rise to the decree sought to be stayed is unimpeached, uncontested and not on Appeal. 5. I have equally considered the Applicants conduct so far that pushes him away from the court of equity, he appears with unclean hands, hell-bent of circumventing due process of the law. 6. The Appeal in this instant shall not alter the unimpeached judgment that remains uncontested. 7. I have considered the Application and the response in opposition and I find that the Applicant has failed to persuade this court that he has satisfied the principles for grant of an Orders of stay. 8. The Application dated 10th March 2026 is an abuse of the process of court, bereft of any merit and therefore is dismissed with costs to the Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8600/eng@2026-06-17 1

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