Kagure v Mwangi & another (as Legal Representatives of Mwangi Waweru) (Civil Application E067 of 2021) [2022] KECA 797 (KLR) (10 June 2022) (Ruling)

Facts

The applicant, Esther Kagure, was issued an eviction order by Waithaka J in Nyeri ELC Case No. 211 of 2014. She appealed the decision and sought a stay of execution pending the hearing and determination of her appeal. The respondents, Henry Waweru Mwangi and Peter Maina Mwangi, as legal representatives of Mwangi Waweru, have commenced eviction proceedings against the applicant.

Issues

1. Whether the applicant's appeal is arguable
2. Whether the appeal would be rendered nugatory if the stay of execution is not ordered

Reasoning

The court finds that the applicant has demonstrated that her appeal is arguable and that the appeal would be rendered nugatory if the stay of execution is not ordered. The court maintains the status quo until the appeal is finally heard and determined.

Outcome

In favor of the applicant

Authorities cited