Emu-Inya Enterprises Ltd v Odinga (Civil Appeal E018 of 2023) [2026] KEHC 1488 (KLR) (11 February 2026) (Ruling)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA CIVIL APPEAL NO. E018 OF 2023 EMU-INYA ENTERPRISES LTD……………………....APPELLANT VERSUS TITUS MASIKA ODINGA………………………………….RESPONDENT RULING 1. I have considered the Appellants notice of motion dated 2.2.2026, the affidavit in support thereof sworn by Clerkson Winfred Ochieng Otieno on even date and the enclosures attached thereto and I do note that the application is unopposed albeit served as evidenced from the affidavit of service sworn on 10.2.2026 by Clerkson Otieno and I do hereby allow the application and order that the security deposit of Ksh 500,000/- plus accrued interest deposited in court going by the law firm of Naikuni Ngaah & Miencha from their Company Account No. 1236011694 held with Messrs Kenya Commercial Bank of Kenya Kiserian Branch be released to the appellant’s Advocates Ms Naikuni Ngaah & Miencha forthwith. 2. The applicant shall bear the costs of this application given that it is unopposed. 3. This file is marked as closed Delivered, signed and dated at Bungoma this 11th day of February, 2026. MWANAISHA S. SHARIFF JUDGE