Bertha Awuor Kowido v Speed Capital Limited [2021] KEELRC 1432 (KLR)
The bottom line
#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 judgment debtor should be granted stay of execution of the judgment and decree of 17th December, 2020
- 2.Whether the decretal sum of Ksh.1,030,161 should be paid by monthly instalments and on what terms
Key legal issues
#Whether sufficient reason existed to allow payment of the decretal sum by instalments under Order 21 Rule 12
Stay and instalments were granted, but on terms varied by the court: the respondent's Covid-19 hardship claim was unsupported and its Ksh.50,000 offer was unreasonably low, so the court fixed instalments at Ksh.112,500 per month backdated to 4th February, 2021, with stay lapsing on default.
Order 21 Rule 12 empowers the court to order payment by instalments for sufficient reason. Applying Keshavji Jethabhai & Brothers Ltd v Saleh Abdul, hardship alone is not enough; bona fides matter. Judgment predated the pandemic, no financial returns were filed, no payments had been made despite an offer dating to 5th February, 2021, and the claimant had earned Ksh.112,500 monthly, making that a fairer instalment figure.
Legal principles established
#- Mere inability to pay in full at once is not a sufficient reason for leave to pay by instalments; the judgment debtor must show bona fides, and each case is decided on its own merits
Court orders
#- 1.Stay of execution of the judgment and all consequential orders issued herein on condition that the respondent pay the decretal sum in instalments
- 2.The respondent shall pay Ksh.112,500 due from 5th February, 2021 to date within the next 30 days
- 3.The balance shall be paid in equal instalments of Ksh.112,500 each 5th day of the month until payment in full
- 4.In default, the stay shall automatically lapse
- 5.The respondent shall meet the costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 21 Rule 12, Order 22 Rule 22 and Order 51 Rule 1 of the Civil Procedure Rules and sections 63(e), 1A, 1B, 3 and 3A of the Civil Procedure Act
Relief refused
#Prayer for payment in monthly instalments of Ksh.50,000
The court found the offered amount too low given the claimant's former monthly earnings and the absence of any payments or financial returns, and substituted Ksh.112,500 per month backdated to 4th February, 2021
Costs
The respondent shall meet the costs herein
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.
the mere fact that the debtor is hard pressed or is unable to pay in full at once is not sufficient reason for granting leave to pay by instalments.
Accordingly, application dated 1st February, 2021 is allowed in the following terms;
In default, stay (a) above shall automatically lapse
Issues in the judgment
#The judgment gives conflicting dates for the judgment and decree: the application seeks stay of judgment 'entered by this court on the 17th December, 2020' while the grounds and affidavits state judgment was delivered on 25th October, 2019 (with costs taxed on 10th November, 2020).
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bertha Awuor Kowido v Speed Capital Limited [2021] KEELRC 1432 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1432/eng@2021-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.