Migiro v Kindali & another (Suing on Behalf of the Estate of Fredrick Maseghe Mutua Deceased) (Civil Appeal E026 of 2026) [2026] KEHC 11009 (KLR) (20 July 2026) (Ruling) Neutral citation: [2026] KEHC 11009 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI CIVIL APPEAL E026 OF 2026 A MSHILA, J JULY 20, 2026 BETWEEN ALBERT OKARI MIGIRO ...................................................................... APPLICANT AND MICHAEL MUTUA KINDALI ..................................................... 1ST RESPONDENT AGNES WANJALA MASEGHE ................................................... 2ND RESPONDENT SUING ON BEHALF OF THE ESTATE OF FREDRICK MASEGHE MUTUA DECEASED RULING 1. Before court is the Notice of Motion dated 17th June 2026 and is brought under the provisions of Order 42 Rule 6, Order 51 Rule 1 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and all enabling Provisions of Law; The Applicants sought for the following orders:a. That the matter herein be certified as urgent and service hereof be dispensed with, in the first instance. b. That this application be heard and a stay of execution of the Honourable trial Court’s Judgment delivered on 22nd May 2026 in the trial suit Voi CMCC No. E147 of 2024, be granted ex parte in the first instance pending an inter partes hearing and determination of this application. c. That there be a stay of execution of the Honourable trial Court’s Judgment delivered on 22nd May 2026, in the trial suit Voi CMCC No. E147 of 2024, pending the hearing and determination of the instant appeal, VOI HCCA NO. E026 OF 2026. d. That the costs of this application be provided for. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11009/eng@2026-07-20 1
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2. The Notice of Motion application dated 17th June 2026 is hereby allowed by consensus of both parties conditional to:a. The full decretal sum be deposited into a joint interest earning account in the joint names of the Advocates for the parties. b. Deposit be done within 45 days. c. The Applicant to file and serve Record of Appeal within 45 days of todays date. d. In default the stay of execution order be vacated. e. There shall be no order as to costs. f. Mention 16th September 2026 before Deputy Registrar for compliance and admission. Orders accordingly. DATED SIGNED AND DELIVERED VIA TEAMS AT VOI THIS 20TH DAY OF JULY, 2026. HON. A. MSHILA JUDGE In the presence of; Millicent/Trizah – Court Assistants Kazungu for Respondent Kirimi for Applicant/Appellant https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11009/eng@2026-07-20 2
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