Ndiritu Muriithi v Peter Ngugi Ndonyo [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
Justices Asike-Makhandia, A. K. M’Inoti, and F. Sichale
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Ndiritu Muriithi v Peter Ngugi Ndonyo [2020] eKLR, highlighting key legal principles and judicial outcomes. Learn about the implications of this judgment and its significance in Kenyan law.

Case Brief: Ndiritu Muriithi v Peter Ngugi Ndonyo [2020] eKLR

1. Case Information:
- Name of the Case: Hon. Ndiritu Muriithi v. Peter Ngugi Ndonyo
- Case Number: Civil Application No. 239 of 2020
- Court: Court of Appeal at Nairobi
- Date Delivered: 9th October 2020
- Category of Law: Civil
- Judge(s): Justices Asike-Makhandia, A. K. M’Inoti, and F. Sichale
- Country: Kenya

2. Questions Presented:
The central legal issues before the court included whether to grant a stay of execution of the Certificate of Taxation of Costs pending the hearing and determination of an appeal filed by the applicant, Hon. Ndiritu Muriithi. The court needed to determine if the appeal was arguable and whether the execution of the ruling would render the appeal nugatory.

3. Facts of the Case:
The applicant, Hon. Ndiritu Muriithi, initiated a Judicial Review Application (No. 133 of 2017) against a ruling made by the Independent Electoral and Boundaries Commission (IEBC) on 20th July 2017. After the dismissal of his application with costs on 1st August 2017, the respondent, Peter Ngugi Ndonyo, filed a Bill of Costs for taxation. The Taxing Master ruled in favor of the respondent on 8th January 2018. Dissatisfied with this ruling, Muriithi filed a Reference on 14th February 2018, which was ultimately dismissed by Justice W. Korir on 7th May 2020. Following this ruling, the applicant filed a Notice of Appeal on 20th June 2020 and sought a stay of execution of the costs awarded to the respondent.

4. Procedural History:
The case progressed as follows:
- The applicant filed a Judicial Review Application on 21st July 2017, which was dismissed on 1st August 2017.
- The respondent's Bill of Costs was taxed on 8th January 2018.
- The applicant filed a Reference challenging the taxation, which was dismissed on 7th May 2020.
- The applicant filed a Notice of Appeal and an application for a stay of execution on 24th June 2020.
- The application was opposed by the respondent, leading to a hearing on 17th August 2020.

5. Analysis:
- Rules: The court considered Rule 5(2)(b) of its Rules, which allows for the granting of a stay of execution pending appeal. The applicant needed to demonstrate that the appeal was arguable and that execution would render the appeal nugatory.
- Case Law: The court referenced several cases, including *Stanley Kang’ethe Kinyanjui v. Tony Keter & 5 Others* [2013] eKLR, which outlined the principles for granting a stay. The court emphasized that an arguable appeal does not need to guarantee success but must raise points worthy of consideration.
- Application: The court found that the applicant's appeal was not frivolous and raised valid points. However, it concluded that the intended appeal would not be rendered nugatory since the respondent had sufficient means to repay any amounts if the appeal succeeded. The court highlighted the importance of the financial capability of the respondent in its decision-making process.

6. Conclusion:
The Court of Appeal dismissed the application for a stay of execution, ruling that the applicant failed to satisfy the requirements under Rule 5(2)(b) regarding the nugatory aspect. The court's ruling emphasized the discretionary nature of its jurisdiction and the need for applicants to demonstrate both limbs of the test for a stay.

7. Dissent:
There were no dissenting opinions noted in this ruling, as the decision was unanimous among the judges present.

8. Summary:
The Court of Appeal's dismissal of Hon. Ndiritu Muriithi's application for a stay of execution underscores the significance of demonstrating both the arguable nature of an appeal and the potential for the appeal to be rendered nugatory. This case illustrates the court's careful consideration of the financial implications for both parties and reinforces the principles guiding applications for stays in civil matters.

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