Mary Mwaki Masinde v County Government of Vihiga, Vihiga County Assembly & National Land Commission (Petition 25 of 2014) [2015] KEHC 774 (KLR) (19 October 2015) (Ruling)
- Court
- High Court of Kenya
- Case number
- 774
- Citation
- [2015] KEHC 774 (KLR)
- Decided
- 19 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureApplication for Stay of ExecutionCoramE. C. MWITA
Holding
A conditional stay of execution is granted, requiring the applicant to deposit Kshs.1,500,000 in an interest-earning account within 45 days.
Facts
The County Government of Vihiga and the Vihiga County Assembly have filed an appeal against a judgment awarding damages of Kshs.3,000,000 to the petitioner. The applicant fears that execution of the judgment will render the appeal nugatory.
Issues
- Whether to grant a stay of execution pending the appeal
- The amount to be deposited by the applicant
Reasoning
The court balances the rights of the appellant to appeal and the respondent to the decree, granting a stay conditioned on the deposit of security.
Outcome
Application granted
Orders
- A stay of execution is granted on condition that the applicant pays Kshs.1,500,000 within 45 days
- The balance of Kshs.1,500,000 is to be deposited in an interest-earning account within 45 days
- In default, the order for stay of execution shall stand discharged
- The respondent shall have costs of the application
Remedies
- Conditional stay of execution
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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