Kkenya Electricity Transmission Company Limited v Marula Estates Limited (Environment & Land Case 310 of 2018) [2025] KEELC 3676 (KLR)
The bottom line
#A Kenyan court ordered a bank to release KShs 12.4 million in taxed costs from a joint escrow account, brushing aside arguments that it lacked power to rule again.
What this practically means
#Executive summary
#Key legal issues
#Functus officio objection
The functus officio objection failed; the court proceeded to grant the release of funds despite having made prior rulings on the account.
The defendants argued the court had already determined the release of funds in rulings of 18th November 2024 and 4th April 2025 and lacked jurisdiction. The court did not engage in a detailed analysis of functus officio, instead observing that the matter concerned an issue counsel could agree on, and in the interest of justice granted the order directing the bank to release the taxed costs.
Release of taxed costs from joint escrow account
The court granted the order compelling Stanbic Bank to release KShs 12,437,240 being taxed costs to the applicant's advocates' account.
The court found the application, though unnecessary since parties could agree, was properly before it. In the interest of justice it directed the bank to release the taxed costs from the escrow account to the account held by the firm of Messrs. Ochieng Opiyo & Co. Advocates, with no order as to costs.
Legal principles established
#- Parties should not burden the court with applications on issues they can agree on; the court will nonetheless determine an application properly placed before it in the interest of justice.
Court orders
#- 1.An Order directing/compelling Stanbic Bank (K) Limited Chiromo Branch to release the sum of Kenya Shillings Twelve Million Four Hundred and Thirty-Seven Thousand Two Hundred and Forty being taxed costs from the Escrow Account Number XXXXXXXXXXXX to Account Number XXXXXXXXXXXX held by the firm of Messrs. Ochieng Opiyo & Co. Advocates
- 2.No order as to costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the suit; the application invoked Section 38 of the Civil Procedure Act and Order 21 Rule 9 and Order 22 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kkenya Electricity Transmission Company Limited v Marula Estates Limited (Environment & Land Case 310 of 2018) [2025] KEELC 3676 (KLR)", Case Analysis (2025). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3676/eng@2025-05-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.