Attorney General v Mike Maina Kamau [2020] KECA 91 (KLR)
- Court
- Court of Appeal
- Case number
- 91
- Citation
- [2020] KECA 91 (KLR)
- Decided
- 4 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution of judgmentCoramW. KARANJA, M.K. KOOME, A.K MURGOR
Holding
The motion for stay of execution is allowed, and the decretal sums are forestalled. The judgment and decree are stayed pending the hearing and determination of the intended appeal.
Facts
The respondent, Mike Maina Kamau, was declared the absolute and indefeasible owner of a property on which he was constructing a house. The applicant, the Attorney General, demolished the property and awarded the respondent compensation.
Issues
- Whether the appeal is arguable
- Whether the intended appeal would be rendered nugatory if successful
- Whether the stay of execution is necessary to protect the public interest
Reasoning
The court found the appeal arguable due to the possibility of matters not being considered. The court also considered the public interest and the risk of taxpayer's money being placed in jeopardy if the appeal succeeded.
Outcome
The motion for stay of execution is granted.
Orders
- Order a stay of execution of the judgment and decree pending the hearing and determination of the intended appeal
Remedies
- Costs in the intended appeal
Authorities cited
Legislation (3)
- Appellate Jurisdiction Act
- Court of Appeal Rules 2010
- Constitution of Kenya 2010
Cases cited (4)
- Nicholas Kiptoo Arap Korir Salat vs Independent Electoral and Boundaries Commission & 7 Others [2014] eKLR
- Kenya Breweries Ltd vs Godfrey Odoyo, Civil Appeal No. 127 of 2007
- Gatirau Peter Munya vs Dickson Mwenda Kithinji [2014] eKLR
- East African Cables Limited vs Public Procurement Complaints, Review and Appeals Board & another [2007] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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