A Kshs 500,000 deposit buys a stay while an ODPC appeal is heard

An appellant found liable by the Data Commissioner and ordered to pay Kshs 700,000 sought a stay of execution pending appeal. The complainant opposed the application as incompetent and argued no prejudice had been shown. The Court held the application was competent under Article 159(2)(d), that the appellant would suffer substantial loss absent a stay because there was no evidence the complainant was a person of means capable of refunding the decretal sum if the appeal succeeded, and that the appellant's prior deposit of Kshs 500,000 as security tipped the balance decisively in its favour.