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ELCOtherEnvironment and Land Miscellaneous Case E019 of 2023· [2025] KEELC 6523 (KLR)
Kariuki v Attorney General & 24 others; Achoki & 4 others (Interested Parties) (Environment and Land Miscellaneous Case E019 of 2023) (23 September 2025) (Directions) [2025] KEELC 6523 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#A Kenyan court froze attempts to collect Kshs 3.4 million from a deceased man's estate until it gets a fair chance to be heard.
What this practically means
#Executive summary
#This is a directions ruling in an Environment and Land Court miscellaneous case at Kajiado arising from proceedings in which costs of Kshs. 3,415,164.39 were awarded against the estate of the late Lawrence Nginyo Kariuki by a ruling of Justice M.N. Gicheru dated 15 March 2022. Three applications were pending: an Objectors' application dated 19 August 2025; a decree holder's notice of motion dated 15 September 2025 seeking to garnishee accounts held by various banks in the name of the late Nginyo Kariuki to satisfy the decretal amount plus execution costs and interest; and an application by the administrators of the estate dated 19 September 2025 seeking substitution of the deceased, extension of time to file a reference against the taxation ruling, and the varying or setting aside of that ruling on the ground that the estate was unaware of, and did not participate in, the taxation. The decree holder conceded substitution but sought time to respond to the remaining prayers. Judge M.D. Mwangi, invoking the court's inherent jurisdiction to secure a fair trial between the parties and drawing on Halsbury's Laws of England on inherent powers, held that the estate should be heard through its duly appointed legal representatives. The court directed that the estate's application be heard first, stayed execution of the costs order pending its determination, and set a timetable of 14 days for the decree holders' response, 14 days for any reply, and 14 days for decree holders' submissions, with highlighting submissions to be scheduled. No order as to costs was made.
Key legal issues
#01
Prioritisation of applications and interim stay under the court's inherent jurisdiction
Holding
The estate's application for substitution and setting aside of the taxation ruling is to be heard first, with execution of the costs order stayed in the interim.
Reasoning
A predecessor judge's ruling of 15 March 2022 awarded costs against the estate of the late Nginyo Kariuki, but the estate did not participate in the taxation. Invoking its inherent jurisdiction to secure a fair trial between the parties, the court held the estate should be heard through its legal representatives before execution proceeds. It therefore sequenced the estate's application first and stayed execution pending its determination, with a timetable for responses and submissions.
p. 3
Legal principles established
#- The court possesses inherent power to make any orders necessary for the ends of justice or to prevent abuse of its process, exercised to secure a fair hearing between parties
- Where a costs ruling was made against a deceased litigant's estate without its participation, it is in the interest of justice to allow the estate, through its legal representatives, an opportunity to be heard
Court orders
#- 1.The application by the legal representatives of the estate of Nginyo Kariuki dated 19 September 2025 to be heard and considered first
- 2.A stay of execution of the order on costs pending the determination of that application
- 3.Decree holders granted 14 days to file and serve a response to the application, with corresponding leave to the applicants to file a response in 14 days after service if need be, alongside written submissions
- 4.Decree holders to file and serve their submissions in 14 days after service of the applicants' submissions, with a date for highlighting of submissions to be given by the court
- Jurisdiction invoked
- Inherent jurisdiction of the court to make orders necessary for the ends of justice and to prevent abuse of its process
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki v Attorney General & 24 others; Achoki & 4 others (Interested Parties) (Environment and Land Miscellaneous Case E019 of 2023) (23 September 2025) (Directions) [2025] KEELC 6523 (KLR)", Case Analysis (2025). Environment and Land Miscellaneous Case E019 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6523/eng@2025-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.