Nthiga (Suing as a Legal Representative and Administrator of the Estate of the Deceased Leonard R. I Nthiga) v Governor, Tharaka Nithi County Government & 5 others (Civil Suit 2 of 2019) [2023] KEELC 18396 (KLR) (26 June 2023) (Ruling)

Summary at a glance

Facts

The plaintiff, Njiru Micheni Nthiga, sought to vacate a stay order issued by the court on December 14, 2021, and proceed with the execution of a decree issued on July 7, 2021. The defendants, including the Governor of Tharaka Nithi County Government, opposed the application.

Issues

• Whether the application for urgent hearing and vacating the stay order should be granted.
• Whether the defendants have a valid reason for not lodging an appeal at the Court of Appeal.

Reasoning

The court found that the defendants have not lodged an appeal despite enjoying the stay order for almost a year, and there is a delay in typing the proceedings, which is not within the defendants' control.

Outcome

The application was granted.

Orders

• The stay order granted on December 14, 2021, is reviewed and remains in force for 90 days from the date of this ruling.
• In the event of failure to comply, the stay order will be vacated.

Remedies

• The costs of the application are awarded to the plaintiff.

Authorities cited