Greatrift Express Shuttle Services & 1 other v James Mwangi Githinji

Greatrift Express Shuttle Services & another v Githinji (Miscellaneous Civil Application E074 of 2026) [2026] KEHC 9296 (KLR) (23 June 2026) (Ruling) Neutral citation: [2026] KEHC 9296 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU MISCELLANEOUS CIVIL APPLICATION E074 OF 2026 MN MWANGI, J JUNE 23, 2026 BETWEEN GREATRIFT EXPRESS SHUTTLE SERVICES .............................. 1ST APPLICANT KIPKEMBOI KIPTAI CHESANG ................................................... 2ND APPLICANT AND JAMES MWANGI GITHINJI .............................................................. RESPONDENT RULING 1. The applicants entered into a binding consent in Limuru Chief Magistrate’s Court, in CMCC NO. E451 of 2022. The said consent has not been set aside by any Court of competent jurisdiction. 2. Orders for stay of execution are granted under Order 42 Rule 6 of the Civil Procedure Rules, 2010. This application does not fall under that category as there is no appeal pending before this Court or an application for leave to appeal out of time. 3. Orders for stay of execution cannot be sought just because the applicants feel that the terms of the consent entered into are no longer convenient to them, as stay of execution is never granted in a vacuum. 4. The application dated 9.4.2026 is hereby dismissed with costs to the respondent. DATED, SIGNED AND DELIVERED AT KIAMBU ON THIS 23RD DAY OF JUNE 2026. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM. NJOKI MWANGI JUDGE In the presence of:Ms Oteyo for the applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9296/eng@2026-06-23 1

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