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Original judgment

Zakayo Waswa v Miletus Charles Nyongesa

REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI [CORAM: NYAMWEYA J.A] CIVIL APPEAL (APPLICATION) NO E062 OF 2026 (FORMERLY KSM CIVIL APPEAL (APPLICATION) NO. 49 OF 2018) BETWEEN ZAKAYO WASWA...........................................APPELLANT VERSUS MILETUS CHARLES NYONGESA.....................RESPONDENT (An application for stay of execution and setting aside of the judgment of this Court (Kiage, Tuiyott & Mumbi Ngugi, & Tuiyott JJA) delivered herein on 23rd June 2023) **************** ** RULING OF THE COURT 1. The application dated 7th September 2023 was placed before me for hearing as a single Judge. The said application seeks orders of a stay of execution of the judgment and orders of this Court delivered on 23 rd June 2023, the of setting aside of the said judgment, and the rehearing of the appeal. In this regard, it is notable that the jurisdiction of a single Judge to hear applications is set out in Rule 55 of the Court of Appeal Rules of 2022 as follows: 55. (1) Each Ruling - KAK Civil Appeal (Application) No. E062 of 2026 (Formerly KSM Civil Appeal (Application) No. application, other than an Page 1 of 2

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application specified in sub- rule (2), shall be heard by a single judge: Provided that such application may be adjourned by the judge for determination by the Court. Ruling - KAK Civil Appeal (Application) No. E062 of 2026 (Formerly KSM Civil Appeal (Application) No. Page 2 of 2

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2. (2) This rule shall not apply to— (a) an application for leave to appeal; (b) an application for a stay of execution, injunction, or stay of further proceedings; (c)an application to strike out a notice of appeal or an appeal; or (d)an application made as ancillary to an application under paragraph (a) or (b) or made informally in the course of a hearing. It is evident that the prayers sought in the application are not within the remit of a single Judge, and particularly since they also seek to review a judgment delivered by a full bench of this Court. I must accordingly down my tools. Consequently, I direct the Registry of this Court to list and place the application dated 7th September 2023 for hearing before a full bench of this Court on a priority basis. There shall be no order as to costs. 3. Orders accordingly. Dated and delivered at Nairobi this 22nd day of May, 2026. P. NYAMWEYA. …………………………………… JUDGE OF APPEAL Ruling - KAK Civil Appeal (Application) No. E062 of 2026 (Formerly KSM Civil Appeal (Application) No. Page 3 of 2

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