The appellate Court has cleared the stay application for execution of the High Court judgment, in which the Assets Recovery Agency sought to preserve funds linked to Mike Sonko Mbuvi Gideon Kioko pending the hearing and determination of an appeal.
The court of appeal, in it’s ruling, found out that the High Court judgment of October 1st, 2025 merely dismissed the suit against Mike Sonko and did not direct any party to take action or refrain from doing so.
The Court highlighted the settled legal principle that a stay of execution under Rule 5(2)(b) of the Court of Appeal Rules cannot issue against a negative order. A dismissal of a suit, the judges noted, does not amount to a decree capable of execution, save for costs.
In rejecting the application, the Court also questioned the applicant’s reliance on Section 97 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA), observing that if the provision automatically preserved the orders in question, then the application for stay would have been unnecessary.
The Court reaffirmed that it cannot stay a judgment that does not impose any enforceable obligation.
Consequently, the Notice of Motion dated 22nd January 2026 was found to lack merit .
Story Prepared by Gladys Musyoka- Court Reporter