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ELCDismissedELC Case (Nairobi)· [2025] KEELC 7493 (KLR)
Kamau & another v Ngeru & 2 others (Environment and Land Case 1031 of 2013) [2025] KEELC 7493 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#A Kenyan court refused to let judgment holders skip the re-taxation of costs and evict a defendant, since most of the taxation was already done.
What this practically means
#Executive summary
#This was a motion dated 8th April 2025 by the Plaintiffs under section 94 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules, seeking leave to execute the decree issued on 24th September 2020 against the 2nd Defendant before taxation of the party and party bill of costs, an order for eviction of the 2nd Defendant from the suit property, and police supervision of enforcement. The Plaintiffs argued that the status quo order of 17th October 2016 lapsed upon judgment in their favour and that the Defendants had used procedural manoeuvres to delay execution, including a reference decided on 30th January 2025 referring a few items back for re-taxation. The Defendants opposed, contending that no exceptional or compelling circumstances justified execution before re-taxation and that the application was a waste of judicial time. The court traced the litigation history, noting that the Plaintiffs held judgment for nearly two years without seeking leave to execute, and that the deputy registrar had already given directions for the re-taxation. The court found that this was not truly a case of execution before taxation since the bill had already been taxed and only re-taxation of a few items remained, meaning the process was nearing completion. Holding that the Plaintiffs, who caused the initial two-year delay in filing the bill, would suffer no prejudice, the court found no compelling reason for the orders sought. The application was dismissed with no order as to costs by A. Omollo, J, on 30th October 2025 at Nairobi.
Key legal issues
#01
Whether leave to execute before taxation should issue under section 94 CPA
Holding
Dismissed - no compelling reason
Reasoning
The court held that judgment had stood since 2020, taxation had already occurred, and only re-taxation of a few items remained. The Plaintiffs themselves delayed filing the bill of costs for two years, so they would suffer no prejudice by awaiting re-taxation.
p. 4
Legal principles established
#- Section 94 permits execution of a decree before ascertainment of costs only where taxation has not been done; where taxation is complete and only re-taxation of a few items remains, compelling reasons are unlikely to exist
Court orders
#- 1.The application dated 8th April 2025 is dismissed for lack of merit
- 2.No order as to costs
- Jurisdiction invoked
- Section 94 of the Civil Procedure Act and Order 51 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamau & another v Ngeru & 2 others (Environment and Land Case 1031 of 2013) [2025] KEELC 7493 (KLR)", Case Analysis (2025). ELC Case (Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7493/eng@2025-10-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.