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ELCPartially AllowedELC APPEAL CASE NO. E032 OF 2023

M'Mailanyi M'Elongi v Justus Mugaa M'Impwi

Environment and Land Court at Meru
5 October 2026
BEB M Eboso
234 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court at Meru ordered a Kshs 100,000 court security deposit released, mostly to the respondent's advocates, after the appellant did not object.

What this practically means

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Executive summary

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This ex-tempore ruling of the Environment and Land Court at Meru, delivered by B M Eboso, ELC Judge, dealt with a directions listing concerning the respondent's application dated 11/3/2025 in appeal case No. E032 of 2023. The respondent sought an order directing release to him of Kshs 100,000 which the appellant had deposited in court as security. The appellant did not oppose the application, but asked that any sum over and above the taxed costs be released to his advocates, M/s Murango Mwenda & Co Advocates. Finding no objection and taking into account the submissions of the appellant's counsel, the court ordered that, subject to confirmation of the actual deposit of Kshs 100,000, the Court Registry release Kshs 96,050 to M/s Joshua Mwiti Law Advocates for the respondent, and the balance of Kshs 3,950 to the appellant's advocates, M/s Murango Mwenda & Co. Advocates. The application was marked disposed in those terms with no order as to costs. The ruling is purely interlocutory and administrative in nature; it does not determine the underlying appeal, cites no authorities or statutes, and records appearances for the respondent's counsel, the appellant in person, and counsel for the appellant, with Mr E. Tupet as court assistant.

Questions the Court framed

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

  1. 1.Whether the sum of Kshs 100,000 deposited in court as security should be released to the respondent
  2. 2.How the released sum should be apportioned between the respondent's advocates and the appellant's advocates

Key legal issues

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01

Release of security deposited in court

Holding

The unopposed application was allowed; the deposit was ordered released to the respondent's advocates in the taxed amount, with the balance to the appellant's advocates

Reasoning

The respondent sought release of Kshs 100,000 deposited as security. The appellant did not oppose, asking only that the sum over and above the taxed costs go to his advocates. In the absence of objection, and considering the appellant's counsel's submissions, the court apportioned the deposit accordingly.

p. 2

Legal principles established

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  • Where an unopposed application for release of security deposited in court is made, the court may order release subject to confirmation of the actual deposit

Court orders

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  1. 1.Subject to confirmation of actual deposit of Kshs 100,000 by the appellant, the Court Registry shall release to M/s Joshua Mwiti Law Advocates Kshs 96,050/=
  2. 2.The balance [Kshs 3,950] shall be released to the appellant's advocates, M/s Murango Mwenda & Co. Advocates
  3. 3.The application dated 11/3/2025 is marked 'disposed in the above terms' with no order as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

BE
majority

Wrote the judgment

Jurisdiction invoked
Environment and Land Court appellate jurisdiction over the underlying appeal; interlocutory application for release of security deposited in court

Relief refused

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Release of the entire taxed costs sum to the appellant's advocates

The court apportioned the deposit, releasing only the balance of Kshs 3,950 to the appellant's advocates and the bulk to the respondent's advocates

p. 2

Costs

No order as to costs on the application dated 11/3/2025

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.

Subject to confirmation of actual deposit of Kshs 100,000 by the appellant, the Court Registry shall release to M/s Joshua Mwiti Law Advocates Kshs 96,050/=.
p. 2Release of security deposit to respondent's advocates
The application dated 11/3/2025 is marked “disposed in the above terms” with no order as to costs.
p. 2Disposition and costs

Issues in the judgment

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minor

Delivery date (2026) postdates the application date (11/3/2025) by over a year; possible typographical error in the year

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, "M'Mailanyi M'Elongi v Justus Mugaa M'Impwi", Case Analysis (2026). ELC APPEAL CASE NO. E032 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6226/eng@2026-10-05

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