Kenya Broadcasting Corporation & 2 others v Ogada (Civil Appeal E142 of 2025) [2025] KEHC 13904 (KLR) (18 September 2025) (Ruling)
- Court
- High Court of Kenya
- Case number
- 13904
- Citation
- [2025] KEHC 13904 (KLR)
- Decided
- 18 September 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment in a civil caseCoramJM OMIDO
Holding
The court ordered the Appellants to deposit Ksh.250,000 as security for the performance of the decree, finding it insufficient.
Facts
The Kenya Broadcasting Corporation and two others (Appellants) appealed against a judgment in Kisumu CMCC No. 174 of 2020, which awarded Ksh.3,500,000 to the Respondent Paul Oganga Ogada, along with other injunctive reliefs.
Issues
- Nature and amount of security to be deposited for a stay of execution pending appeal
- Whether the Appellants are ready and willing to deposit the full decretal amount as security
Reasoning
The court applied Order 42 Rule 6 of the Civil Procedure Rules, which requires sufficient security for the due performance of the decree. The court determined that Ksh.250,000 was insufficient for the decretal amount of Ksh.3,500,000.
Outcome
The appeal was dismissed.
Orders
- An order for the Appellants to deposit Ksh.250,000 as security for the performance of the decree
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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