Samaki Industries (K) Ltd v Kenya Ports Authority (Civil Appeal E104 of 2021) [2025] KECA 783 (KLR) (9 May 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 783
- Citation
- [2025] KECA 783 (KLR)
- Decided
- 9 May 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of execution pending appealCoramAK MURGOR, DR. K. I. LAIBUTA CARB, FCIARB., G. W. NGENYE-MACHARIA
Holding
The Court of Appeal is functus ocio and has no jurisdiction to hear and determine the instant application. The applicant's Motion is dismissed with costs.
Facts
Samaki Industries (K) Ltd filed an application for stay of execution of the Court of Appeal's judgment dated 12th July 2024 pending appeal to the Supreme Court.
Issues
- Applicant's Motion for stay of execution of the impugned judgment
- Applicant's Motion for stay pending certification to appeal to the Supreme Court
Reasoning
The Court of Appeal is functus ocio due to the Supreme Court's decision in Raila Odinga & 2 Others vs. Independent Electoral & Boundaries Commission & 3 Others [2013] eKLR. The Court of Appeal lacks jurisdiction to hear the application as it has no power to grant stay of execution or other orders beyond what is conferred by law.
Outcome
The applicant's Motion is dismissed with costs.
Orders
- The applicant's Notice of Motion dated 2nd September 2024 be and is hereby dismissed with costs to the respondent.
Authorities cited
Cases cited (5)
- Telkom Kenya limited v John Ochanda (suing on his own behalf and on behalf of 996 former employees of Telkom Kenya Limited) [2014] eKLR
- Samuel Kamau Macharia v KCB & 2 Others [2012] eKLR
- Owners of the Motor Vessel ‘Lillian S’ v Caltex Oil (Kenya) Ltd. [1989] eKLR
- Phoenix of E.A. Assurance Company Limited v S. M. Thiga t/a Newspaper Service [2019] eKLR
- Kenya Ports Authority v Modern Holdings [E.A] Limited [2017] 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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