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ELCDismissedNot stated in the judgment· [2025] KEELC 7769 (KLR)

Mukanda v Kituma (Environment and Land Case 84 of 2018) [2025] KEELC 7769 (KLR)

Environment and Land Court
12 November 2025
EOE. O. Obaga
1,226 words in judgment
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The bottom line

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A Kenyan court refused to stop civil arrest warrants because the debtor offered no evidence he genuinely could not pay his court-awarded costs.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court (Obaga J) determines a notice of motion dated 22nd May 2025 by the Plaintiff/Applicant, who sought a stay of execution of taxed costs and of warrants of arrest issued against him, and leave to liquidate the costs by monthly instalments of Kshs.5,000/=. The underlying suit, in which the Applicant had sought injunction, eviction, rectification of the register and mesne profits over land title Ukia/Utaati/449, had been struck out on 28th January 2020 after a preliminary objection was upheld. The Respondent's costs were taxed at Kshs.82,950/= on 22nd July 2020 and, with interest, stood at Kshs.126,190.20 by July 2025. After the Applicant failed to attend a notice to show cause, warrants of arrest issued, prompting this application. The Applicant argued, citing Article 11 of the ICCPR and the In Re Zipporah Wambui Mathara line of cases, that civil jail should be a last resort for one unable to pay. The Respondent opposed, contending the illness claim was unevidenced and proposing payment of half the sum plus instalments of Kshs.10,000/=. The court held the sole issue was whether the warrants should be stayed or instalments allowed, and found that the Applicant had produced no medical evidence and had failed to show cause, distinguishing the cited cases as involving debtors who had proved inability to pay. The application was dismissed with costs to the Respondent.

Key legal issues

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Whether warrants of arrest should be stayed and the Applicant allowed to pay the taxed costs in instalments

Holding

The application was dismissed because the Applicant did not demonstrate inability to pay the taxed costs

Reasoning

The Applicant's sole ground was illness, but he produced no medical reports. He had been given an opportunity to show cause and failed. The authorities he relied on, including In Re Zipporah Wambui Mathara and RPM v PKM, involved debtors who had proved inability to pay or were already in civil jail; the Applicant here established neither. The court therefore found no basis for a stay or instalment order.

p. 3

Legal principles established

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  • A party seeking to avoid civil jail for non-payment of taxed costs must demonstrate inability to pay, and civil jail cases allowing instalments apply only where inability is proved

Court orders

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  1. 1.The notice of motion dated 22nd May 2025 is dismissed with costs to the Respondent
Jurisdiction invoked
Not expressly stated; the court presiding over the suit and incidental enforcement proceedings

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, "Mukanda v Kituma (Environment and Land Case 84 of 2018) [2025] KEELC 7769 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7769/eng@2025-11-12

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