DONALD KIPKORIR v MIRIAM NJOKI KIRURI [2008] KEHC 838 (KLR)
- Court
- High Court of Kenya
- Case number
- 838
- Citation
- [2008] KEHC 838 (KLR)
- Decided
- 18 September 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant applied for orders including certification as urgent, stay of execution, stay of proceedings, and costs.CoramB.P. KUBO
Holding
The court granted the application for certification as urgent and granted the orders for stay of execution and stay of proceedings.
Facts
The appellant applied for orders related to a DNA test ordered by the lower court, alleging infringement of fundamental human rights and freedoms.
Issues
- Infringement of fundamental human rights and freedoms
- Nugatory nature of the appeal if stay not granted
- Abiding by court’s directions regarding security
- No delay in bringing the application
- Good prospects of success of the appeal
Reasoning
The court acknowledged the discretion to grant the stay but required the applicant to satisfy certain requirements.
Outcome
Appeal granted
Orders
- Certification as urgent
- Stay of execution of Civil Case No.86 of 2005
- Stay of proceedings in Children’s Court Civil Case No.86 of 2005
Remedies
- Costs of the application to be provided for
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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