Kathuthu v District Land Adjudication & Settlement Officer, Tigania East and West & 2 others; Kiunga (Suing as the Legal Representative of the Estate of Stephen Michuki Kiunga - Deceased) (Interested Party) (Environment and Land Judicial Review Case 15 of 2019) [2025] KEELC 8470 (KLR)
The bottom line
#A Kenyan court allowed a party to recover taxed costs from a deposit in another case, but only costs awarded in the case where recovery was sought.
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 court should direct the Deputy Registrar to recover the costs awarded to the applicant in this suit and in Meru ELC Appeal No. E084 of 2024 from the deposit made in Meru ELC Appeal No. E084 of 2024
Key legal issues
#Whether costs awarded in one cause may be recovered from a deposit held in another cause
Costs awarded and taxed in the present cause may be recovered from the deposit in Meru ELC Appeal No. E084/2024, but costs awarded in that appeal must be pursued in that appeal
The court treated the application as unopposed but limited recovery to costs taxed in the present cause, holding that recovery of costs awarded in the appeal should properly be sought in that appeal. It allowed recovery of Kshs 139,170 from the deposit but declined to extend the order to the Kshs 50,000 awarded in the appeal.
Legal principles established
#- A party seeking recovery of costs awarded in a particular cause should pursue that recovery in that cause, not in a different suit
Court orders
#- 1.The applicant is allowed to recover the court's awarded and taxed costs in Meru ELC JR Application No. 15 of 2019, in the sum of Kshs 139,170, from the deposit in Meru ELC Appeal No. E084/2024
- 2.No order of costs on the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Not stated in the judgment
Relief refused
#Recovery of the Kshs 50,000 costs awarded in Meru ELC Appeal No. E084/2024 from the deposit in that appeal
The court held that the plea for recovery of those costs should be made in the appeal itself, not in this cause
Costs
No award of costs on the application - each party to bear their own costs of the application
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.
The court will only allow recovery of the court's awarded and taxed costs in this cause [Meru ELC JR Application No. 15 of 2019], in the sum of Kshs 139,170. The said sum is to be recovered from the deposit in Meru ELC Appeal No. E084/2024.
There will be no award of costs on the application.
Issues in the judgment
#The judgment does not state the names of the parties, the coram listing the parties, or the nature of the underlying suit; only the appearances are recorded
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kathuthu v District Land Adjudication & Settlement Officer, Tigania East and West & 2 others; Kiunga (Suing as the Legal Representative of the Estate of Stephen Michuki Kiunga - Deceased) (Interested Party) (Environment and Land Judicial Review Case 15 of 2019) [2025] KEELC 8470 (KLR)", Case Analysis (2025). Meru ELC JR Application No. 15 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8470/eng@2025-12-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.