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ELCDismissedNot stated in judgment

Saronera Ltd v Were & 2 others (Environment and Land Case E321 of 2022) [2026] KEELC 3944 (KLR)

High Court of Kenya
30 June 2026
810 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This was a ruling on the 2nd Defendant's Notice of Motion dated 4th May 2026 in a suit in which a consent judgment was entered on 11th May 2023 for Kshs.20 million in favour of the Plaintiff. The 2nd Defendant sought an order for reconciliation of accounts of all sums paid, to verify the total paid and the balance due, to be conducted by the parties or an agreed auditor, arguing that he had made partial payments, some of which were omitted from receipts issued by the Plaintiff's advocate, who had sent receipts totalling Kshs.13,940,000.00 and demanded Kshs.6,060,000.00, with a warrant of arrest to be re-issued for that balance. Neither the Plaintiff nor the 1st and 3rd Defendants responded, and the 2nd Defendant filed no submissions. The court framed a single issue: whether the 2nd Defendant had made a case for reconciliation of accounts on the decretal sum. Observing that the decree had remained unsatisfied for over three years and that the 2nd Defendant had filed three earlier applications (2nd October 2023, 19th November 2024 and 20th June 2025) aimed at delaying settlement, the court, associating itself with In Re Ennio Limited [2009] KEHC 916 (KLR), held that a judgment debtor who holds receipts for his payments and identifies no error in them cannot seek taking of accounts, and that the applicant failed to specify which payments were omitted. The application was found unmerited and dismissed on 30th June 2026.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 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

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Whether an order for reconciliation of accounts was merited in respect of the decretal sum

Holding

The application was unmerited and dismissed; it was an abuse of process intended to delay satisfaction of the consent judgment decree.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The 2nd Defendant's Notice of Motion application dated 4th May 2026 is dismissed

The bench

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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

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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

p. 2

Costs of the application against the Plaintiff

Application dismissed; no costs order expressly made in the final orders

p. 2

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

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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.
p. 2Dismissal of the application (final orders)
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.
p. 2Reconciliation of accounts refused
The applicant is playing poker with the judicial process, he has the receipts which acknowledge the payments he has so far made.
p. 2In Re Ennio Limited - abuse of process by judgment debtor seeking accounts
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.
p. 2Abuse of court process

Issues in the judgment

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minor

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

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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, "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.