Saronera Ltd v Were & 2 others (Environment and Land Case E321 of 2022) [2026] KEELC 3944 (KLR)
The bottom line
#Kenya's High Court dismissed a judgment debtor's bid to reconcile accounts, ruling that a debtor holding receipts who identifies no errors is abusing the court process.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the 2nd Defendant has made a case for an order of reconciliation of accounts between the Plaintiff and himself in respect of the decretal sum of Kshs.20 million arising from the Consent Judgment entered on 11th May 2023
Key legal issues
#Whether an order for reconciliation of accounts was merited in respect of the decretal sum
The application was unmerited and dismissed; it was an abuse of process intended to delay satisfaction of the consent judgment decree.
The court noted the consent judgment of 11th May 2023 remained unsatisfied more than three years later, and that the 2nd Defendant had filed three prior applications (dated 2nd October 2023, 19th November 2024 and 20th June 2025) seeking various orders to delay settlement. The instant application was his fourth. Following In Re Ennio Limited, the court held that a judgment debtor who holds receipts for his payments and identifies no error in them, and who fails to specify which payments were omitted, cannot seek taking of accounts; doing so abuses the court process and denies the Plaintiff the fruits of judgment.
Legal principles established
#- A judgment debtor who holds receipts acknowledging his payments and who identifies no error in those receipts cannot legitimately seek an order for reconciliation/taking of accounts; such an application is an abuse of process aimed at delaying satisfaction of the decree.
- A party alleging omitted payments must specify the payments allegedly omitted; a bare allegation without particulars will not sustain an application.
Court orders
#- 1.The 2nd Defendant's Notice of Motion application dated 4th May 2026 is dismissed
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not stated in judgment (original civil suit jurisdiction; application in pending suit)
Relief refused
#Order for Reconciliation of Accounts in respect of all sums paid by the 2nd Defendant to verify the total amount paid and the balance due and owing
The court found the application was an abuse of process intended to delay settlement of the decretal sum
Costs of the application against the Plaintiff
Application dismissed; no costs order expressly made in the final orders
Costs
No express costs order in the final orders; the applicant had sought that the Plaintiff bear the costs of the application, which was dismissed.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the foregoing, I find the instant Notice of Motion application unmerited and will proceed to dismiss it.
I find that the 2nd Defendant's prayer for an Order for reconciliation of accounts in respect of all sums he has paid including verification of the total amount paid and the balance due and owing, only seeks to delay the settlement of the decretal sum.
The applicant is playing poker with the judicial process, he has the receipts which acknowledge the payments he has so far made.
It is my considered view that the 2nd Defendant fully knows what payments he has made and is simply trying to abuse the Court process by filing a myriad of applications seeking to deny the Plaintifi the fruits of his judgement.
Issues in the judgment
#The judgment records neither the suit case number nor any citation, and the final orders do not address the costs prayer in the application despite the disposition dismissing it.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Saronera Ltd v Were & 2 others (Environment and Land Case E321 of 2022) [2026] KEELC 3944 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3944/eng@2026-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.