Standard Limited v Association of Kenyan Insurers & another [2002] KECA 208 (KLR)
The bottom line
#Kenya's Court of Appeal refused a second stay of execution because an earlier stay order existed, was ignored, and was never appealed.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Court of Appeal should grant a second application for stay of execution under rule 5(2)(b) where an order for stay has already been made by the superior court but not complied with, and no appeal was preferred against that order.
Key legal issues
#Whether a second application for stay of execution under rule 5(2)(b) should be granted where the superior court has already ordered a stay which was not complied with and no appeal was preferred against that order
The application was refused. A party dissatisfied with a superior court's order on stay must appeal against that order; the Court of Appeal will not grant a fresh stay where an earlier stay order remains uncomplied with and unappealed.
The court identified two dispositive facts: an order for stay had already been made by the superior court but was not complied with, and the present application was a second attempt to obtain a stay. The applicants, if dissatisfied with the superior court's order, had not preferred an appeal therefrom, which was the proper course. In all the circumstances the court was unable to grant the application and dismissed it with costs.
Legal principles established
#- Where an order for stay has already been made by the superior court but has not been complied with, and the applicant did not appeal against that order, the Court of Appeal will not entertain or grant a second application for stay; the proper remedy for dissatisfaction with the superior court's order is an appeal against that order.
Court orders
#- 1.The application for stay of execution pending the hearing and determination of the intended appeal is dismissed with costs.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Meru
- H.C.C.C. No. 5 of 2000
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules (the 'Rules of this Court')
Relief refused
#Stay of execution pending the hearing and determination of the intended appeal from the judgment of the High Court of Kenya at Meru (Tuiyot, J) dated 27 November 2001 in H.C.C.C. No. 5 of 2000
An order for stay had already been made by the superior court but was not complied with; this was a second application for a stay, and the applicants, if dissatisfied with the superior court's order, had not preferred an appeal therefrom.
Costs
The application is dismissed with costs (i.e., the applicants bear the costs of the application).
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
An order for stay was already made by the superior court but not complied with. This is now a second application for a stay.
If the applicant was dissatisfied with the order of the superior court an appeal was not preferred therefrom.
In all the circumstances, we are unable to grant this application. It is dismissed with costs.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Standard Limited v Association of Kenyan Insurers & another [2002] KECA 208 (KLR)", Case Analysis (2002). Civil Application No. NAI. 79 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/208/eng@2002-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.