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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
CIVIL APPEAL NO [reference]
[APPELLANT] v [RESPONDENT]
AFFIDAVIT
1. I am [auctioneer or authorised officer] and identify my role in execution against [actual judgment debtor]. The warrants and instructions are [genuine exhibits]. I do not treat a named beneficial owner as the same person as the financier without proof.
2. The vehicle was attached and sold on [dates verified from the file]. I identify the auction record, sale amount, purchaser and release documentation. Any conflict between purchase and auction dates in the report is expressly resolved from authentic documents.
3. Proceeds were remitted as [proved recipients, amounts and dates]. Receipts and account entries are [identified]. I distinguish remitted money from sums still held and disclose fees or deductions, rather than asserting that no funds remain without records.
4. The impugned decree requires [exact restoration or payment terms]. I state the vehicle present location and practical ability to comply only to the extent I know them, identifying the source of information.
5. The opposing parties rely on [registered title and hire-purchase documents]. I disclose those adverse documents and their position. This affidavit supports temporary protection; it does not finally prove lawful attachment or determine disputed ownership.
6. I explain the actual filing interval and offer [genuine security source]. I request conditional stay on terms safeguarding the decree holders and acknowledge that failure to satisfy the ordered deposit may cause the stay to lapse.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [competent authorised oath administrator]. This specimen has not been sworn.
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Complete the deponent identity, authority and actual personal-knowledge or identified-information basis. Index and authenticate genuine exhibits; missing exhibits are not supplied by this text. An affidavit is evidence, not a vehicle for new unpleaded relief or invented expert conclusions. Obtain any required leave for a further affidavit and complete a valid jurat before a competent authorised person. This specimen is unsworn.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
An auctioneer sold a Toyota Hiace for KES 900,000 in execution of accident decrees and said proceeds were remitted. A purchaser and financier challenged attachment, relying on hire-purchase interests and registered ownership. A restoration or monetary decree led to this stay application in a Kakamega High Court appeal from Small Claims Court proceedings.
The Court granted conditional stay requiring half the decretal sum in a joint interest-earning account within 14 days; on default the stay would lapse. Costs awaited the appeal. The ruling weighed the purchaser lack of the vehicle and continued instalments against the auctioneer asserted repayment exposure.
This was an interim ruling, not a final determination that attachment was lawful or ownership proved. The report has inconsistent purchase, auction and motion dates and party numbering. Verify the certified chronology, ownership records and operative decree before asserting sequence or calculating security.
Read the original reported decision: [2026] KEHC 7225 (KLR) — 26 May 2026
The original decision may identify participants. The specimen replaces their identifying details. Primary judicial heading, relevant pleaded positions, evidence, reasons and orders checked. Trial and appeal courts are distinguished. Newly drafted educational reconstructions, not original filings or matters handled by our team. No genuine exhibits, signatures, later-order assurance or licensed-advocate review supplied. Check the actual file and current law and directions.
Related law and procedural rules
Constitution of Kenya · Civil Procedure Act · Civil Procedure Rules · Evidence Act · Small Claims Court Act
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