REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

HIGH COURT CIVIL SUIT NO 413 OF 2014

DR. EDWARD IKINYA MAINA…………………….…..……………CLAIMANT/RESPONDENT

-VERSUS-
AERONAUTICAL SOCIETY OF KENYA…………………............RESPONDENT/APPLICANT
DR. FAUSTIN ONDORE……………………………………..........RESPONDENT/APPLICANT
CERTIFICATE OF URGENCY
I, EVANSON KARIUKI an Advocate of the High Court of Kenya do hereby certify that the
attached Application filed herewith is extremely urgent on the following GROUNDS;
1. By a judgment of this Honorable Court delivered on the 15 th of October, 2020, the
Claimant/Respondent was awarded a gross sum of Kshs.4,500,000 as general and
exemplary damages together with interest thereon from the date of judgment and costs
thereon.
2. The 2ND Respondent/Applicant being dissatisfied with the whole of the said judgment
intended to prefer an appeal to the Court of appeal against the same but was inadvertently
barred from doing so timeously owing to the irretrievable breakdown of the advocate-
client relationship between the said Applicant and its former advocates on record as well
as the time it took the said applicant to retain a new firm of advocates to protect its
interests.
3. The 2ND Respondent/Applicant stands exposed to execution of the said Decree any time
now thereby rendering the Defendant/Applicant’s instant Application and the intended
appeal nugatory unless an interim order for stay of execution is granted immediately.
4. It is therefore in the interest of justice that this Application is placed before this
Honorable Court forthwith for immediate relief.

DATED at Nairobi this ___________ day of________________2021

__________________________
E N NAMUDE ASSOCIATES & ADVOCATES
DRAWN AND FILED BY;
E N NAMUDE ASSOCIATES & ADVOCATES,
CIANDA HOUSE, KOINANGE STREET
ROOM 111, 1ST FLOOR
P. O BOX 28302-00100
NAIROBI
(Email: kisumba@yahoo.com )
 REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

HIGH COURT CIVIL SUIT NO 413 OF 2014

DR. EDWARD IKINYA MAINA…………………….…..……………CLAIMANT/RESPONDENT

-VERSUS-
AERONAUTICAL SOCIETY OF KENYA……………………........RESPONDENT/APPLICANT
DR. FAUSTIN
ONDORE………………………………………..........RESPONDENT/APPLICANT
NOTICE OF MOTION
(Under the Provisions of Sections, 1A, IB, 3, 3A and 95 of the Civil Procedure Act, Chapter 21 Laws of
Kenya, Order 9 Rule 9 and 10, Order 42 Rule 6(1), (2), Order 50 Rule 5 and Order 51 Rule 1 of the of the
Civil Procedure Rules, 2010, Section 7 of the Appellate Jurisdiction Act Cap 9 Laws of Kenya and all
other enabling provisions of Law)

TAKE NOTICE that this Honorable Court shall be moved on the __________day of
__________2023 at 9.00 O’clock in the forenoon or so soon thereafter as may be possible for
hearing of an application on the part of the applicant for ORDERS:-
1. THAT this Application be certified as urgent and be heard ex parte in the first instance.
2. THAT leave be granted to the firm of E N NAMUDE ASSOCIATES & ADVOCATES to
come on record for the 2ND Respondent/Applicant in place of KINYANJUI, KIRIMI &
CO.ADVOCATES
3. THAT pending the hearing and determination of this Application inter partes, there be an
order for stay of the execution and/or enforcement of the judgment and decree of this
Honorable Court dated and delivered on 15.10.2020 in the original CIVIL CASE NO. 413
OF 2014 Edward Ikinya Maina v Aeronautical Society of Kenya & another.
4. THAT this Honorable court be pleased to issue an order for stay of the execution and/or
enforcement of the judgment and decree of this Court dated and delivered on 15.10.2020
in the original CIVIL CASE NO. 413 OF 2014 Edward Ikinya Maina v Aeronautical
Society of Kenya & another pending the hearing and determination of the Applicant’s
intended appeal to the Court of Appeal at Nairobi.
5. THAT costs of this application be provided for.
WHICH APPLICATION is supported by the annexed affidavit of Prof Faustine Ondore and on
the following GROUNDS:-
a) Judgment was delivered in this matter on 15.10.2020 in the following terms;-

Judgment is hereby entered in favour of the plaintiff and against the defendants jointly and severally in the following
manner;

a. General damages Kshs. 4,000,000/-

b. Exemplary damages Kshs. 500,000/-
c. TOTAL Kshs. 4,500,000/-

The decretal sum to attract interest at court rates from date of judgment
 The Claimant to have costs.
nd
b) The 2 Respondent, being aggrieved by the whole of the said judgment, intends prefer
an appeal against the same.
6. The Respondent ought to have lodged a notice of the intended appeal to the Court of
Appeal within 14 days of delivery of the said judgment in accordance with Rule 75(2) of
the Court of Appeal Rules but the delay was inadvertently occasioned by oversight on the
part of the Respondent’s former Advocates on record at the time, KINYANJUI, KIRIMI &
CO.ADVOCATES breakdown of the advocate-client relationship between the 2 nd
Respondent and its former advocates and the time it took the Respondent to retain a new
firm of advocates.
7. The Respondent/Applicant has now appointed the firm of E N NAMUDE ASSOCIATES
& ADVOCATES to represent it in this matter and in the intended appeal in place of the
said KINYANJUI, KIRIMI & CO.ADVOCATES.
c) The Claimant is likely to execute the decree/judgment herein thereby rendering the 2 ND
Respondent’s instant Application and the intended appeal nugatory unless an order for
stay of execution is granted immediately with great prejudice and loss to the Respondent,
who shall stand condemned without a legitimate opportunity to ventilate their statutory
right to appeal.
d) It is in the interest of justice that the firm of of E N NAMUDE ASSOCIATES &
ADVOCATES be allowed to come on record to represent the 2 ND Respondent/Applicant’s
best interest.
e) The Respondent is ready, willing and able to abide by any such orders as this Court may
deem fit for performance of the decree herein, including an order for the whole or any
part of the costs herein.
f) This Application has been made without any unreasonable delay and ought to be allowed
in the interest of equity and justice.

DATED at NAIROBI this…………………day of…………………..2023

____________________
E N NAMUDE ASSOCIATES & ADVOCATES
ADVOCATES FOR THE 2ND RESPONDENT/APPLICANT
DRAWN & FILED BY:-
E N NAMUDE ASSOCIATES & ADVOCATES,
CIANDA HOUSE, KOINANGE STREET
ROOM 111, 1ST FLOOR
P. O BOX 28302-00100
NAIROBI
(Email: kisumba@yahoo.com )

TO BE SERVED UPON:-

1. Z.N. Gathaara & Company

Advocates
 Suite 17
Karen Park Business Centre
Ngong Road
P.O Box 1032-00502
Nairobi.

2. Kinyanjui, Kirimi & Company

Mezzanine Floor, Suite B1
Madonna House, Westlands Road
P.O Box 19750-00100
Nairobi (Kinyanjui@kkadvs.co.ke)

NOTE: If any party served does not appear at the time and place above-mentioned, such orders
shall be made and proceedings taken as the court may deem just and expedient.

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

HIGH COURT CIVIL SUIT NO 413 OF 2014

DR. EDWARD IKINYA MAINA…………………….…..……………CLAIMANT/RESPONDENT

-VERSUS-
AERONAUTICAL SOCIETY OF
KENYA………………………........RESPONDENT/APPLICANT
DR. FAUSTIN
ONDORE………………………………………..........RESPONDENT/APPLICANT
 SUPPORTING AFFIDAVIT

I, Evanson Kariuki, a resident of Nairobi City within Nairobi County in the Republic of Kenya
do hereby make oath and state as follows:-
1. THAT I am an advocate of the High Court of Kenya practicing as an associate in the firm
name and style of m/s E N NAMUDE ASSOCIATES & ADVOCATES , having personal
conduct of this matter on behalf of the Respondent/Applicant who has authorized me to
swear this affidavit hence competent to swear this Affidavit.
1. THAT I know of my own knowledge upon perusal of the Court File, that the
Respondent/Applicant instructed the Firm of m/s KINYANJUI, KIRIMI & CO.
ADVOCATES to defend them in this matter.
2. THAT I am informed by the Respondent/Applicant that due to unavoidable
circumstances and the inevitable breakdown of the Advocate-Client relationship between
the said Firm of advocates and the Respondent/Applicant herein, they have been
constrained to withdraw the services of the said Firm.
3. THAT I know of my own knowledge that the Respondent/Applicant subsequently
instructed our firm, E N NAMUDE ASSOCIATES & ADVOCATES to represent them in
this matter.
4. THAT I know of my own knowledge that judgment was entered in this matter on 15 th
October, 2020 in favor of the Claimant/Respondent against the Respondent/Applicant
awarding inter alia, a gross sum of Kshs.4,500,000 in general and exemplary damages
together with costs thereon and the Respondent, being dissatisfied with the whole of the
judgment and Decree of this Honorable Court intends to prefer an appeal against the
same.
5. THAT I know of my own knowledge that although the applicant ought to have lodged the
requisite Notice of Appeal within 14 days from delivery of the judgment herein in
accordance with Rule 75 (2) of the Court of Appeal Rules, the said Applicant’s former
advocate on record failed to do so within the set time frame and further, the motions of
terminating the advocate-client relationship and retaining a new firm of advocates to take
further conduct of the matter in place of their former advocates and protect the
Respondent’s interests led to inadvertent delay in lodging the said Notice of Appeal.
6. THAT I know of my own knowledge that unless the Respondent is granted leave to lodge
the intended appeal out of time and interim orders of stay of execution are granted, the
Claimant is likely to commence execution proceedings for the Decree arising herein
anytime now to the detriment of the Respondent/Applicant who shall stand condemned to
settle the Decretal sums as awarded without a legitimate opportunity to ventilate their
undeniable statutory right to appeal and which execution shall otherwise render this
application and the intended appeal nugatory.
7. THAT I know that the Claimant/Respondent does not stand to suffer any loss or
inconvenience which would not be adequately addressed by way of an appropriate order
for costs for the sake of prosecution of the intended appeal to achieve substantial and
proportionate justice and which appeal, in any event, has high chances of success upon
final determination while the applicant stands to suffer substantial loss in the event that
the Application for stay of execution is not granted, and the appeal eventually succeeds as
the decretal sums will have been disbursed to the Claimant without any assured source of
 income or certain business undertaking from which the Respondent/Applicant may
recover the said sums upon the success of the appeal.
8. THAT in view of the foregoing, it is only prudent and fair that the firm of E N NAMUDE
ASSOCIATES & ADVOCATES be granted leave to come on record in place of
KINYANJUI, KIRIMI & CO. ADVOCATES to protect the Applicant’s interest in this
matter.
9. THAT this Application has been made without any unreasonable delay and ought to be
allowed in the interest of equity and justice.
10. THAT what is deponed to hereinabove is true to the best of my knowledge, save for
information the sources whereof have been set out and specified.

SWORN by the said; }

EVANSON KARIUKI }
} ___________________
At NAIROBI this……………day of…………..2023 } DEPONENT
}
BEFORE ME }
}
}
}
COMMISIONER FOR OATHS }

DRAWN & FILED BY:-

E N NAMUDE ASSOCIATES & ADVOCATES,
CIANDA HOUSE, KOINANGE STREET
ROOM 111, 1ST FLOOR
P. O BOX 28302-00100
NAIROBI
(Email: kisumba@yahoo.com )

TO BE SERVED UPON:-

1. Z.N. Gathaara & Company

Advocates
Suite 17
Karen Park Business Centre
Ngong Road
P.O Box 1032-00502
Nairobi.

2. Kinyanjui, Kirimi & Company

Mezzanine Floor, Suite B1
Madonna House, Westlands Road
P.O Box 19750-00100
Nairobi (Kinyanjui@kkadvs.co.ke)