Paul Akoko Oyugi v Amos Ochieng Aywa [2020] KEHC 6551 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KISUMU

MISC. CIV. APPLICATION NO. 80 OF 2020

PAUL AKOKO OYUGI.....................................APPLICANT/RESPONDENT

VERSUS

AMOS OCHIENG AYWA ................................. DEFENDANT/APPLICANT

9th April 2020

Coram:  Ochieng – J.

Court Assistant:  Maureen Ojala

DIRECTIONS

Exparte

1. The application dated 8th April 2020 is certified as Urgent, and is admitted to hearing during the current Easter Recess.

2. The said application is admitted to hearing exparte, in the first instance.

3. I order that there shall be a Stay of Execution of the Decree in KISUMU CMCC NO. 52 OF 2019 until the hearing and determination of the application dated 8th April 2020.

4. This Order has been granted, inter alia, on account of the Administrative and Contingency Management Plan To Mitigate COVID -19 in Kenya’s Justice Sector, which was issued by the NATIONAL COUNCIL ON THE ADMINISTRATION OF JUSTICEon 15th March 2020.

5. The Applicant is to serve the Respondent.

6. Each party is directed to provide the Court as well as the other party, with email address to which all pleadings, Orders and other legal proceedings or communication will be served.

7. In the light of the COVID-19 Pandemic, this order will remain in force until further orders of the Court.

8. However, in order to assist any party who may feel prejudiced by this order, to be able to seek appropriate relief, I do hereby grant liberty to the parties to apply.

9. Mention on 22nd April 2020, for Further Directions.

10. In the light of the COVID-19 Pandemic, the Mention may possibly, not happen in the normal manner, because parties are not allowed access into the Court-house.

Therefore, parties are encouraged to give their written suggestions about their proposed Directions, on how the application will be dealt with.

DATED, SIGNEDandDELIVERED at KISUMU

This9thday ofApril2020

FRED A. OCHIENG

JUDGE