Patrick Waweru Kamau v Kigundu Rehema (suing As The Legal Representative and Administrator In The Estate of Kintu Mohamed Salongo Deceased)

Kamau v Rehema (Suing as the Legal Representative And Administrator in the Estate of Kintu Mohamed Salongo - Deceased) (Civil Appeal 133 of 2018) [2026] KEHC 12531 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEHC 12531 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CIVIL APPEAL 133 OF 2018 MS SHARIFF, J JULY 31, 2026 BETWEEN PATRICK WAWERU KAMAU .............................................................. APPELLANT AND KIGUNDU REHEMA (SUING AS THE LEGAL REPRESENTATIVE AND ADMINISTRATOR IN THE ESTATE OF KINTU MOHAMED SALONGO DECEASED) .......................................................................................... RESPONDENT (Arising from Webuye MCCC NO.133 OF 2018) RULING 1. The Appellant Patrick Waweru Kamau has approached this court vide a Notice of Motion dated 29th July 2026, which is supported by his own affidavit of even date and he craves that his undated application for stay of execution that is due for delivery of ruling on 30.9.2026 before this court and his entire appeal be marked as withdrawn with no orders as to costs, upon adoption of his Notice of Withdrawal of Appeal dated 28.7.2026. 2. When this application came up for inter partes hearing on 31st July 2026, the Appellant’s counsel did not attend court. Mr Mulongo , counsel holding for Mr Paul Juma for the Respondent submitted that the his client was not opposed to the application save that she had filed a response and submissions to the appellant’s stay application wherefore she ought to be awarded costs of that application of Ksh 30,000. Upon Mr Mulongo being put to task by this court to justify the prayed costs of Ksh 30,000, he asked the court to exercise it’s discretion in that regard. 3. I have duly considered the application herein, the supporting affidavit, the annexure attached thereto and the oral submissions of Mr Mulongo and I am inclined to allow the application. I thus make the following orders: https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12531/eng@2026-07-31 1

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