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ELCPartially AllowedMeru ELC JR Application No. 15 of 2019· [2025] KEELC 8470 (KLR)

Kathuthu v District Land Adjudication & Settlement Officer, Tigania East and West & 2 others; Kiunga (Suing as the Legal Representative of the Estate of Stephen Michuki Kiunga - Deceased) (Interested Party) (Environment and Land Judicial Review Case 15 of 2019) [2025] KEELC 8470 (KLR)

Environment and Land Court
2 December 2025
BEB M Eboso
188 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court allowed a party to recover taxed costs from a deposit in another case, but only costs awarded in the case where recovery was sought.

What this practically means

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Executive summary

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This is a short ruling of the Environment and Land Court at Meru (B M Eboso, J) on an application dated 18 November 2025 in Meru ELC JR Application No. 15 of 2019. The applicant sought an order directing the Deputy Registrar to recover costs awarded to the applicant both in this suit and in Meru ELC Appeal No. E084 of 2024, out of a deposit made in the appeal. The application was unopposed; there was no appearance for the respondents, while Mr. Otieno held brief for Mr. Mwirigi Kaburu for the Interested Party. Although the plea was unopposed, the court confined recovery to costs awarded and taxed in the present cause, in the sum of Kshs 139,170, holding that the claim for the Kshs 50,000 awarded in Meru ELC Appeal No. E084/2024 ought properly to be pursued in that appeal rather than in this cause. The court accordingly allowed recovery of the taxed costs in this cause from the deposit in the appeal, refused that portion of the relief relating to the appeal costs, and made no award of costs on the application. The ruling was dated, signed and delivered at Meru on 2 December 2025.

Key legal issues

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01

Whether costs awarded in one cause may be recovered from a deposit held in another cause

Holding

Costs awarded and taxed in the present cause may be recovered from the deposit in Meru ELC Appeal No. E084/2024, but costs awarded in that appeal must be pursued in that appeal

Reasoning

The court treated the application as unopposed but limited recovery to costs taxed in the present cause, holding that recovery of costs awarded in the appeal should properly be sought in that appeal. It allowed recovery of Kshs 139,170 from the deposit but declined to extend the order to the Kshs 50,000 awarded in the appeal.

p. 2

Legal principles established

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  • A party seeking recovery of costs awarded in a particular cause should pursue that recovery in that cause, not in a different suit

Court orders

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  1. 1.The applicant is allowed to recover the court's awarded and taxed costs in Meru ELC JR Application No. 15 of 2019, in the sum of Kshs 139,170, from the deposit in Meru ELC Appeal No. E084/2024
  2. 2.No order of costs on the application
Jurisdiction invoked
Not stated in the judgment

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, "Kathuthu v District Land Adjudication & Settlement Officer, Tigania East and West & 2 others; Kiunga (Suing as the Legal Representative of the Estate of Stephen Michuki Kiunga - Deceased) (Interested Party) (Environment and Land Judicial Review Case 15 of 2019) [2025] KEELC 8470 (KLR)", Case Analysis (2025). Meru ELC JR Application No. 15 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8470/eng@2025-12-02

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