REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS THE CIVIL APPELLATE DIVISION (Coram: A. C. Mrima, J.) CIVIL APPEAL NO. E1024 OF 2024 -versusSPOTON VACATIONS LTD…...........…....…...APPLICANT/APPELLANT -versusALUO JANE NJOKI TERESIA MUTINDI MUNYWOKI….. ………………………..RESPONDENTS RULING NO. 2 1. On 30th September 2025, this Court delivered Ruling No. 1 and granted a stay of execution of the determination of the decision of the Office of Data Commissioner dated 26 th August 2024 on condition that the sum of Kshs. 650,000/= be deposited in Court within 21 days thereof. 2. The Applicant then filed an application by way of a Notice of Motion dated 14th October 2025 seeking to be allowed to deposit the sum of Kshs. 100,000/= within 21 days and the balance of Kshs. 550,000/= within 120 days thereafter. 3. Due to extreme exigencies of work at the Judicial Service Commission where I sit as a commissioner, the instant application was not timeously dealt with. Since the total time sought by the Applicant to deposit the entire sum was 141 days from October 2025, then that time lapsed sometimes in March 2026. As such, the application is overtaken by events and by now, the Applicant Ruling No. 2 – Nairobi [Milimani] High Court Civil Appeal No. E1024 of 2024 Page 1 of 2
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ought to have deposited the sum of Kshs. 650,000/= in Court as ordered. 4. Consequently, the following final orders hereby issue: [a] The Notice of Motion dated 14th October 2025 is hereby disallowed. Costs thereof shall be in the appeal. [b] In the event the Applicant is yet to deposit the sum of Kshs. 650,000/= as ordered on 30th September 2025, it shall do so within 7 days of this order and in default the stay order in force shall stand discharged and/or set aside and execution shall issue. [c] The trial file from the Office of the Data Commissioner shall be availed for directions on the hearing of the main appeal. Orders accordingly. DELIVERED, DATED and SIGNED at NAIROBI this 15th day of July, 2026. A. C. MRIMA JUDGE Ruling virtually delivered in the presence of: Mr. Mburu, Learned Counsel for the Applicant. Mr. Iselio, Learned Counsel for the 1st Respondent. Amina – Court Assistant. Ruling No. 2 – Nairobi [Milimani] High Court Civil Appeal No. E1024 of 2024 Page 2 of 2
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