Assets Recovery Agency v Omar [2024] KEHC 13495 (KLR) | Stay Of Execution | Esheria

Assets Recovery Agency v Omar [2024] KEHC 13495 (KLR)

Full Case Text

Assets Recovery Agency v Omar (Civil Application E011 of 2024) [2024] KEHC 13495 (KLR) (Anti-Corruption and Economic Crimes) (31 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13495 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Anti-Corruption and Economic Crimes

Civil Application E011 of 2024

EN Maina, J

October 31, 2024

Between

Assets Recovery Agency

Applicant

and

Anwar Ali Omar

Respondent

Ruling

1. With due respect, even though the court has dismissed the Applicant’s case it has a right of appeal and hence a right to have the court determine whether the judgment ought to be stayed so that it can decide whether to appeal or not bearing in mind that whether or not to grant a stay is in the discretion of the court.

4. An oral application for stay is however granted for 30 days after which the aggrieved party may make a formal application. In the premises the Applicant is granted a stay of execution for thirty days.

3. A certified copy of the judgment to issue.

SIGNED, DATED AND DELIVERED VIRTUALLY ON THIS 31ST DAY OF OCTOBER 2024. Signed.E. N. MAINAJUDGEIn the presence: -Mr. Adow for the PlaintiffMr. Magolo for the RespondentCourt Assistant – Adan