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ELCDismissedNot stated in judgment· [2025] KEELC 3113 (KLR)
Kenya Electricity Transmission Company Limited v Marula Estates Limited (Environment & Land Case 310 of 2018) [2025] KEELC 3113 (KLR)
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#What this practically means
#Executive summary
#Kenya Electricity Transmission Company Limited (plaintiff) moved the Environment and Land Court at Nakuru by application dated 3rd May 2025 seeking orders that Kshs.274,471,503 be paid to Kaplan & Stratton Advocates, with the balance and accrued interest released to the defendant's advocates, Ochieng Opiyo & Company Advocates, in a Stanbic Bank Escrow account. The Escrow account held Kshs.267,781,500 deposited by the plaintiff in November 2018 pending determination of the defendant's claim for enhanced compensation for land acquired for a wayleave corridor. Judgment delivered on 13th September 2024 awarded the defendant Kshs.286,908,750. By a ruling of 18th November 2024 the court had already directed that the money be released to the defendant because the plaintiff had taken possession, subject to the plaintiff's costs being assessed unless there was a stay. The plaintiff's Party and Party Bill of Costs was taxed at Kshs.12,246,966 on 20th February 2025. Marula Estates Ltd opposed the application, contending the court was functus officio, that the plaintiff had no legitimate claim to the accrued interest, and that any claim to set off taxed costs against the judgment sum would amount to unjust enrichment; it sought in the alternative retention of the disputed excess in Escrow pending an intended appeal. Justice Antony O. Ombwayo held that the court was functus officio on the release of funds, having already ordered release subject to taxed costs, and that granting the orders sought would amount to a review of that decision. The application was disallowed. No separate costs order appears in the judgment.
Key legal issues
#01
Functus officio regarding release of Escrow funds
Holding
The court is functus officio; the issue was determined in the ruling of 18th November 2024 and the present application would amount to a review
Reasoning
The court had, in its ruling of 18th November 2024, already ordered release of the money in the joint interest earning account to the defendant, subject only to payment of the plaintiff's costs to be taxed by the taxing master. The plaintiff's costs were taxed on 20th February 2025. Revisiting the mode of release of the deposited sum and accrued interest would amount to a review of that decision, which the court declined.
p. 2
Legal principles established
#- Where a court has already ordered release of funds in an Escrow account subject to payment of taxed costs, it is functus officio to revisit that issue
Court orders
#- 1.The plaintiff's application dated 3rd May 2025 is disallowed
- Jurisdiction invoked
- Not stated in judgment; first-instance matter before the Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Electricity Transmission Company Limited v Marula Estates Limited (Environment & Land Case 310 of 2018) [2025] KEELC 3113 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3113/eng@2025-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.