Kimathi & 2 others v Makathimo alias Itangata Makathimo (Environment and Land Miscellaneous Case E047 of 2024) [2025] KEELC 7624 (KLR)
The bottom line
#Kenya's High Court allowed a judgment debtor to pay taxed costs in three instalments but shortened their proposed timeline because they had recently received money from the same party.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicants should be allowed to settle the taxed costs in instalments, and on what schedule
Key legal issues
#Whether and on what terms to allow payment of taxed costs in instalments
Allowed on a three-instalment schedule of Kshs 40,000 by 24/10/2025, half the balance by 24/11/2025, and the balance by 24/12/2025, with Kshs 10,000 costs of the application and execution in default
The court treated the matter as involving no convoluted legal issues and balanced the applicants' adjusted proposal against the respondent's counter-proposal of two instalments. It noted the applicants had recently received costs of Kshs 119,395 from the respondent in a different case and had declined a set-off, which justified departing from the applicants' more extended schedule.
Legal principles established
#- In exercising discretion on instalment payments of costs, the court may weigh the party's recent receipt of costs from the other side and craft a compressed schedule
Court orders
#- 1.Kshs 40,000 to be paid on or before 24/10/2025
- 2.One half of the balance to be paid on or before 24/11/2025
- 3.The balance to be paid on or before 24/12/2025
- 4.The applicants shall pay costs of the present application, assessed at Kshs 10,000, to be paid alongside the last instalment
- 5.In default of compliance, execution shall issue
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not stated in the judgment; the application is for payment of taxed costs in instalments under the court's discretion
Relief refused
#The applicants' proposed schedule of four payments (Kshs 40,000 in October 2025; Kshs 20,000 in November 2025; Kshs 15,000 in December 2025; balance in January 2026)
The court substituted a compressed three-instalment schedule, taking into account the applicants' recent receipt of costs from the respondent
Costs
The applicants shall pay costs of the present application, assessed at Kshs. 10,000, payable alongside the last instalment
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Taking the proposal and the counter-proposal into account, and considering that the applicants received costs from the respondents not too long ago, the court comes to the view that the following three instalments will be reasonable and accommodative
In addition, the applicants shall pay costs of the present application, assessed at Kshs. 10,000. The said costs shall be paid alongside the last instalment. It is so ordered. In default of compliance, execution shall issue.
Issues in the judgment
#The judgment does not state the case number, the parties' names, or the court's full designation; only the date, station and judge's name appear
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kimathi & 2 others v Makathimo alias Itangata Makathimo (Environment and Land Miscellaneous Case E047 of 2024) [2025] KEELC 7624 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7624/eng@2025-10-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.