REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) 2025 BETWEEN NEDDY KERUBO OERI.................................................................PLAINTIF F AND THE KENYAN ALLIANCE INSURANCE COMPANY LIMITED.......................................................................... .............DEFENDANT AND MARGARET WANGECI SANCHA.................1ST INTERESTED PARTY HEZBORNE KENGARA MIKURO................2ND INTERESTED PARTY RULING 1. The Defendant's Notice of Motion dated 25 th June 2026 seeks orders staying execution of the warrants of attachment and sale issued on 17th June 2026, recalling and cancelling the said warrants, and directing that the costs arising from the execution and the application be borne by the Interested Parties. The application is expressed to be brought under Article 159(2)(a) and (d) of the Constitution, Sections 1A, 1B, 3A and 94 of the Civil Procedure Act, Order 21 Rule 8, Order 22 Rule 22 and Order 51 Rule 1 of the Civil Procedure Rules.
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2. The application is founded on the grounds that judgment was delivered on 28th May 2026, following which the Interested Parties initiated execution and procured warrants of attachment dated 17th June 2026 3. The Defendant contends that the execution was irregular as no decree had been extracted in compliance with Order 21 Rule 8 of the Civil Procedure Rules, the costs awarded in the judgment had neither been taxed nor otherwise ascertained, leave to execute before taxation had not been obtained under Section 94 of the Civil Procedure Act, and the warrants included interest and sums not decreed by the court. 4. The application is supported by the affidavit of Theresa Mwende sworn on 25th June 2026 in which she reiterates the grounds on the face of the application. 5. On 26th June 2026, the court certified the application as urgent and granted interim orders staying execution of the warrants of attachment and sale and recalling the said warrants pending directions. 6. At the hearing of the application on 16th July 2026, Mr. Irungu for the Plaintiff and Ms. Kamau for the Interested Parties confirmed that the application was unopposed. Ms. Kamau nevertheless submitted that the Interested Parties should not
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bear the auctioneer's charges since the warrants of attachment had been issued by the court. 7. The application being unopposed, the interim orders issued on 26th June 2026 are hereby confirmed. 8. On the issue of the costs of execution, the Interested Parties applied for and obtained the warrants of attachment and sale and instructed the auctioneer to execute them. The warrants have since been recalled following the finding that execution had been commenced before a decree had been extracted. Any liability arising from that execution therefore rests with the Interested Parties as the instructing clients. 9. Consequently, all costs incidental to the execution, including any auctioneer's charges lawfully incurred, shall be borne by the Interested Parties. DELIVERED AT NYAMIRA THIS July 2026 23rd DAY OF WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Hilda For Plaintiff/Respondent- Mr. Kamau for Warui & Irungu Co. Advocates
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For Defendant/Applicant- Mr. Mutua for G. Mutua Molo & Company Advocates For Interested Parties/Respondent - Mr. Mwangi for MK Mwangi Advocates LLP
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