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ELCPartially AllowedNot stated in the extract· [2025] KEELC 3676 (KLR)

Kkenya Electricity Transmission Company Limited v Marula Estates Limited (Environment & Land Case 310 of 2018) [2025] KEELC 3676 (KLR)

Environment and Land Court
9 May 2025
455 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a short ruling of the Environment and Land Court at Nakuru (Ombwayo J) on a notice of motion dated 16 April 2025 in which the applicant sought an order compelling Stanbic Bank (K) Limited, Chiromo Branch, to release Kenya Shillings Twelve Million Four Hundred and Thirty-Seven Thousand Two Hundred and Forty, being taxed costs, from a joint escrow account to the account held by the firm of Messrs. Ochieng Opiyo & Co. Advocates. The defendants opposed the application on the ground that the court was functus officio, having already determined the question of release of funds in the joint interest-earning account by rulings of 18 November 2024 and 4 April 2025, and further that the application was premature because no decree had been extracted in support of the Certificate of Costs dated 25 February 2025, no application for its adoption as judgment having been made. The court observed that the issue was one the parties could readily agree on and did not warrant protracted litigation. Undeterred by the functus officio objection, and in the interest of justice, the court granted the order directing the bank to release the stated sum from the escrow account to the advocates' client account. The court made no order as to costs and expressed the need to bring the matter to a close so as to attend to other judicial duties.

Key legal issues

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01

Functus officio objection

Holding

The functus officio objection failed; the court proceeded to grant the release of funds despite having made prior rulings on the account.

Reasoning

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.

p. 1
02

Release of taxed costs from joint escrow account

Holding

The court granted the order compelling Stanbic Bank to release KShs 12,437,240 being taxed costs to the applicant's advocates' account.

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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. 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

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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, "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.