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ELCPartially AllowedNot stated in the judgment (Chamber Summons arising from an appeal)· [2025] KEELC 7235 (KLR)

Akumu & 2 others v Onyona & 2 others (Environment and Land Appeal E017 of 2023) [2025] KEELC 7235 (KLR)

Environment and Land Court
23 October 2025
ADA.E. Dena
1,718 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Siaya court allowed a judgment debtor to pay a Kshs. 101,150 costs decree in monthly instalments, but only after an upfront goodwill payment of Kshs. 30,000.

What this practically means

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Executive summary

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The applicants, appellants and judgment debtors, filed a Chamber Summons seeking stay of execution of a decree for taxed costs of Kshs. 101,150/- awarded to the respondents, and leave to pay the sum by instalments of Kshs. 5,620/- per month over 18 months. The application was supported by affidavits of Jane Atieno Akumu and Bernard Otiep Akumu, who deponed that the applicants were of humble means, that the 3rd applicant supports dependants, and that his income was strained by recent family financial obligations. The respondents opposed, arguing that the 3rd applicant, a teacher with a stable income who had financed the case throughout, could pay in full and that an 18-month deferral would deny them the fruits of their judgment. The court identified the sole issue as whether sufficient cause had been shown for payment by instalments under Order 21 Rule 12 of the Civil Procedure Rules. Relying on Osir v Olima, Madi v Madi, Keshvaji Jethabhai v Saleh Abdulla, Freight Forwarders v Elsek & Elsek and Diamond Star General Forwarding v Rachier, the court held the discretion must be exercised judiciously, balancing creditor rights against debtor hardship. The payslip showing net income of about Kshs. 20,000/- evidenced hardship, but the court required an upfront goodwill payment of Kshs. 30,000/- (half the taxed instruction fees) within 30 days, with the balance payable at Kshs. 5,700/- monthly until payment in full; default would render the whole sum due and executable. Each party was to bear its own costs of the application.

Key legal issues

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01

Whether the judgment debtors demonstrated sufficient cause to justify payment of the taxed costs by instalments under Order 21 Rule 12

Holding

Sufficient cause was shown: the applicants made bona fide efforts to settle, disclosed means through a payslip, and a reasonable instalment plan was feasible, subject to an upfront goodwill payment

Reasoning

The court applied the Keshvaji Jethabhai principles and the Freight Forwarders criteria: inability to pay in lump sum, capacity to pay reasonable monthly instalments, and utmost good faith. The applicants' efforts to negotiate were not specifically denied, and the payslip showed a net income of about Kshs. 20,000 with dependants. However, the court required an upfront fair proportion of Kshs. 30,000 (half the taxed instruction fees) and instalments of Kshs. 5,700, with default triggering full execution.

p. 4

Legal principles established

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  • The power under Order 21 Rule 12 to order payment of a decree by instalments is discretionary but must be exercised judiciously, balancing the creditor's rights against the debtor's hardship
  • An applicant seeking payment by instalments must show bona fides by paying a fair proportion upfront and candidly disclose all means

Court orders

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  1. 1.The applicants shall pay Kshs. 30,000/- within 30 days of the ruling
  2. 2.The balance of the decretal sum shall be payable in instalments of Kshs. 5700/- per month until payment in full
  3. 3.Upon default of the first order the entire amount shall become due and payable and the respondents shall be at liberty to execute the decree
  4. 4.Each party to bear its own costs of the application
Jurisdiction invoked
Order 21 Rule 12 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, "Akumu & 2 others v Onyona & 2 others (Environment and Land Appeal E017 of 2023) [2025] KEELC 7235 (KLR)", Case Analysis (2025). Not stated in the judgment (Chamber Summons arising from an appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7235/eng@2025-10-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.