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ELCPartially AllowedNot stated in the judgment· [2025] KEELC 7624 (KLR)

Kimathi & 2 others v Makathimo alias Itangata Makathimo (Environment and Land Miscellaneous Case E047 of 2024) [2025] KEELC 7624 (KLR)

High Court of Kenya (presiding judge's bench as printed: 'B M EBOSO, JUDGE')
22 October 2025
BEB M Eboso
288 words in judgment
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The bottom line

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Kenya's High Court allowed a judgment debtor to pay taxed costs in three instalments but shortened their proposed timeline because they had recently received money from the same party.

What this practically means

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Executive summary

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This short ruling determines a notice of motion dated 23 September 2025 in which the applicants sought leave to settle taxed costs by monthly instalments, initially proposed at Kshs 10,000 per month. At the hearing the proposal was adjusted to a four-tranche schedule: Kshs 40,000 by 24 October 2025, Kshs 20,000 in November 2025, Kshs 15,000 in December 2025, and the balance in January 2026. The respondent opposed the application, pointing out that in a different case the applicants had recently been awarded costs of Kshs 119,395 against the respondent and had declined the respondent's offer of a set-off; the respondent pressed for payment in two instalments. Counsel for the applicants responded that those earlier costs had themselves been settled in three monthly instalments. The court, per B M Eboso, Judge, held that there were no convoluted legal issues and, balancing the proposal and counter-proposal, took into account that the applicants had recently received costs from the respondent. It settled on a compressed three-instalment schedule: Kshs 40,000 on or before 24 October 2025; one half of the balance on or before 24 November 2025; and the balance on or before 24 December 2025. The applicants were also ordered to pay costs of the application assessed at Kshs 10,000, payable alongside the last instalment, with execution to issue in default of compliance. The ruling was delivered at Meru on 22 October 2025.

Key legal issues

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01

Whether and on what terms to allow payment of taxed costs in instalments

Holding

Allowed on a three-instalment schedule of Kshs 40,000 by 24/10/2025, half the balance by 24/11/2025, and the balance by 24/12/2025, with Kshs 10,000 costs of the application and execution in default

Reasoning

The court treated the matter as involving no convoluted legal issues and balanced the applicants' adjusted proposal against the respondent's counter-proposal of two instalments. It noted the applicants had recently received costs of Kshs 119,395 from the respondent in a different case and had declined a set-off, which justified departing from the applicants' more extended schedule.

p. 1

Legal principles established

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  • In exercising discretion on instalment payments of costs, the court may weigh the party's recent receipt of costs from the other side and craft a compressed schedule

Court orders

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  1. 1.Kshs 40,000 to be paid on or before 24/10/2025
  2. 2.One half of the balance to be paid on or before 24/11/2025
  3. 3.The balance to be paid on or before 24/12/2025
  4. 4.The applicants shall pay costs of the present application, assessed at Kshs 10,000, to be paid alongside the last instalment
  5. 5.In default of compliance, execution shall issue
Jurisdiction invoked
Not stated in the judgment; the application is for payment of taxed costs in instalments under the court's discretion

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kimathi & 2 others v Makathimo alias Itangata Makathimo (Environment and Land Miscellaneous Case E047 of 2024) [2025] KEELC 7624 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7624/eng@2025-10-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.