Gathoni v Kahiro [2025] KEHC 434 (KLR) | Stay Of Execution | Esheria

Gathoni v Kahiro [2025] KEHC 434 (KLR)

Full Case Text

Gathoni v Kahiro (Civil Appeal E194 of 2024) [2025] KEHC 434 (KLR) (17 January 2025) (Ruling)

Neutral citation: [2025] KEHC 434 (KLR)

Republic of Kenya

In the High Court at Nakuru

Civil Appeal E194 of 2024

SM Mohochi, J

January 17, 2025

Between

John Chibutia Gathoni

Applicant

and

Mercy Cilaa Kahiro

Respondent

Ruling

1. This Court has considered the Notice of Motion dated 6th September, 2024 and all subsequent pleadings filed by the Applicant and note that the same is unopposed.

2. This Court is thus inclined to allow the following: -i.An order of stay of execution of judgment/decree dated 31st August, 2024 is hereby made pending hearing and determination of the appeal.ii.The Appellant/Applicant shall set down the appeal for admission within the next 60 days from today.iii.The Applicant/Appellant is directed to continue undertaking his parental obligation as was happening prior to this appeal.iv.It is so ordered.

SIGNED, DATED AND DELIVERED VIRTUALLY AT NAKURU ON THIS 17TH JANUARY, 2024. ______________________MOHOCHI S.MJUDGE