By Andrew Kariuki
Justice Moses Ado has dismissed an application seeking to suspend arrest warrants issued against a judgment debtor in a Ksh22 million commercial dispute, finding no sufficient basis to grant leave to appeal.
In a ruling delivered at the Milimani High Court in Nairobi, the judge declined both the request for leave to appeal and an accompanying application for stay of execution, clearing the way for enforcement proceedings to continue.
The application, dated August 11, 2025, had challenged an earlier court order authorising the issuance of arrest warrants and sought to halt their execution pending appeal.
The applicant maintained that he had made significant payments towards the decretal sum, claiming to have settled about Ksh17 million out of Ksh22,065,000, and asked the court for additional time to clear the outstanding balance.
He also argued that committal to civil jail should only be used as a last resort, warning that detention would undermine his ability to generate income and complete payment.
The respondent opposed the application, disputing the alleged payments and asserting that only Ksh9 million had been paid, leaving a balance exceeding Ksh13 million.
The court noted that the parties had entered into a consent judgment on October 17, 2023, requiring monthly instalments of Ksh1 million, which the applicant failed to maintain after August 2024.
It further observed that the applicant had sworn an undertaking on December 9, 2024, committing to clear the remaining balance within three months, a commitment that was not honoured.
In dismissing the application, Justice Ado criticised the applicant’s conduct, stating that repeated non-compliance with court orders undermines the authority of the judicial process.
“Courts exist to resolve disputes conclusively, not to perpetuate them,” the judge stated.
He concluded that the applicant had failed to demonstrate an arguable appeal, adding that without such leave, the request for a stay could not stand.
“In the absence of an arguable appeal, the prayer for leave fails. Without leave, the application for stay is rendered untenable,” the court ruled.
The application was dismissed with costs, allowing the decree holder to proceed with enforcement, including execution of the arrest warrants.
