Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.Full text of the document
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 [hire-purchase buyer]. My agreement with [financier] concerning [vehicle] is dated [verified date]. I identify the actual agreement, delivery, payment and registration records; the source report inconsistent dates are not sworn as an established sequence.
2. The financing terms reserve or regulate ownership as [exact provisions]. I identify the deposit, instalments paid and outstanding balance from genuine statements. Beneficial possession and registered legal ownership are distinguished.
3. The vehicle was attached and sold in [identified proceedings]. My relationship, if any, to the judgment debtor is [truthfully stated]. I identify the objection and restoration proceedings and certified decree on which I rely.
4. Since losing possession I have [actual continuing instalments, loss of use or expenses], with evidence at [pages]. These are facts relevant to prejudice; they do not add a new unpleaded damages award to this stay response.
5. The Appellant remittance and restoration assertions are answered using [admissible records]. I disclose any returned vehicle, payment, settlement or later order so that the Court assesses the current position.
6. I oppose an unsecured or indefinite stay and request appropriate security, default consequences and prompt appeal directions if protection is granted. This affidavit does not assert that the interim source ruling finally determined ownership or validity of the auction.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [competent authorised oath administrator]. This specimen has not been sworn.
Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
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
Need a court document? Have an advocate prepare it.
Tell us about your dispute and the court involved. Request a document drafted for your facts, with your evidence and the relief you need.
An advocate confirms availability, scope and fees before accepting your matter.