Directline Assurance Company Limited v Malenya (Miscellaneous Civil Application E299 of 2025) [2026] KEHC 11842 (KLR) (13 July 2026) (Ruling) Neutral citation: [2026] KEHC 11842 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU MISCELLANEOUS CIVIL APPLICATION E299 OF 2025 JM NANG'EA, J JULY 13, 2026 BETWEEN DIRECTLINE ASSURANCE COMPANY LIMITED .......................... APPLICANT AND MICHAEL WAFULA MALENYA ....................................................... RESPONDENT RULING 1. By Notice of Motion dated 15/10/2025, the Appellant prays for reliefs as hereunder; 1. Spent 2. Spent 3. Spent 4. That this Honorable Court be pleased to enlarge time to enable the Appellant to file the intended appeal. 5. That this Honourable Court be pleased to issue an order for stay of execution of the judgement of the subordinate court in NAKURU CMCC NO. E002 OF 2023 delivered on 29/08/2024, pending the hearing and determination of this appeal. 6. That this Honorable Court be pleased to issue an order for stay of execution of the Garnishee application dated 21/03/2025 pending determination of this appeal. 7. That the Applicant/Appellant is ready, able and willing to comply with such reasonable stay conditions that this Honourable court may grant. 8. That Costs of the application to be in the cause. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11842/eng@2026-07-13 1
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2. In a nutshell, the Appellant through affidavit evidence of its Senior Claims Officer (Rayn Wendo) contends that it discharged its legal obligation by paying the Respondent a sum of Kshs. 3,000,000/= being its liability limit under the law. It is challenging the lower court's judgment directing it to pay an amount over and above the statutory limit to the Claimant on behalf of its insured Client. 3. Despite evidence of service of the Application upon the Respondent, no reply has been put in. The Application is therefore deemed as unopposed. 4. The Application is allowed as per prayers 4), 5) & 6) of the Motion upon the following conditions: a. The record of appeal be filed and served within 60 days from the date hereof. b. The decretal sum be deposited into court within the same period of 60 days from the date hereof. c. In default of compliance with any or both conditions above, the order for stay of execution shall stand vacated, and the Respondent shall be at liberty to levy execution. J. M. NANG’EA, JUDGE. RULING, DATED, SIGNED AND DELIVERED VIRTUALLY THIS 13TH DAY OF JULY, 2026. In the presence of: Parties/Advocates, Absent, Court Assistant (Eli) J. M. NANG’EA, JUDGE. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11842/eng@2026-07-13 2
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