THIS BOND is made the …………….

by ……… a banking company incorporated in the Republic

of Kenya whose postal address is care of Post Office Box Number ……. and whose physical
address is …………… Nairobi (hereinafter referred to as the Guarantor)

WHEREAS:-
On …………… ………. of P O Box ……. Nairobi obtained Judgement in its favour (hereinafter referred to
as the Respondent) against ………... of P O Box ……….. Nairobi (hereinafter referred to as the
Applicant) in HCCC No. ……. of …..

On ………… the Applicant obtained a Ruling in its favour against the Respondent in HCCC No. …… of
………

AND WHEREAS:-

On ………… vide Civil Application No. . of ….. the Court of Appeal granted to the Applicant a stay of
execution from the Judgment and Ruling referred to in Paragraph (1) and (@) ante on condition
that the Applicant shall within 21 days of ………. furnish the Court and the Respondent with a
bond in the sum of Kenya Shillings ……………., the said bond to be executed by the Guarantor,

NOW THIS INSTRUMENT WITNESSES as follows

THAT the Guarantor doth bond itself to the Respondent for a maximum amount of Kenya
Shillings ………………….. which sum SHALL ONLY BE PAYABLE:

The Respondent obtains Judgement in its favour in EITHER BOTH the intended
appeals by the Applicant with respect to the Judgement and Ruling referred to in
Paragraph (1) and (2) ante OR only with respect to the Judgement referred to in
Paragraph (1) ante, and;
The Advocates of the Applicant do authorise the Guarantor in writing to pay out
such monies, which monies will only be payable to the extent declared by the
Judgments with respect to the intended appeals referred to in Paragraph (1) and
(2) ante
In the event that the Applicant shall be successful in its appeal against the Judgement and
Ruling referred to in Paragraphs (1) and (2) ante, then this bond shall immediately lapse
and no claim tendered against it will be honoured.
The total amount of the subject bond rightfully redeemable hereunder by the Respondent
shall not exceed Kenya Shillings ……………. during the validity of the bond.
Any rightful claim hereunder MUST be submitted to ………… ADVOCATES P. O. BOX
…….. within a period of 60 days form the date of delivery of Judgment in accordance with
Paragraph (i)(a) whereupon the said advocates shall on behalf of the Applicant authorise
the Guarantor in writing to make payments to the Respondent in terms of Paragraph (i)(b)
ante within 60 days of receiving the said claim from the Respondent.
Any claim herein not made within the terms set out in Paragraph (v) ante shall become
void on the sixty first day from the date of delivery of Judgment in accordance with
Paragraph (i)(a).
 The amount secured by this bond as set out in Paragraph (i) ante is not inclusive of any
interest whatsoever and hence no such interest or other monies howsoever calculated
shall be payable herein.

This Bond is governed by the Laws of the Republic of Kenya.

SIGNED SEALED AND DELIVERED BY )

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The duly authorised Representative of )
……………)
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in the presence of:- )
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