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ELCPartially AllowedMeru ELC JR Application No. 15 of 2019

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)

Environment and Land Court
2 December 2025
188 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This is a short ruling of the Environment and Land Court at Meru (B M Eboso, J) on an application dated 18 November 2025 in Meru ELC JR Application No. 15 of 2019. The applicant sought an order directing the Deputy Registrar to recover costs awarded to the applicant both in this suit and in Meru ELC Appeal No. E084 of 2024, out of a deposit made in the appeal. The application was unopposed; there was no appearance for the respondents, while Mr. Otieno held brief for Mr. Mwirigi Kaburu for the Interested Party. Although the plea was unopposed, the court confined recovery to costs awarded and taxed in the present cause, in the sum of Kshs 139,170, holding that the claim for the Kshs 50,000 awarded in Meru ELC Appeal No. E084/2024 ought properly to be pursued in that appeal rather than in this cause. The court accordingly allowed recovery of the taxed costs in this cause from the deposit in the appeal, refused that portion of the relief relating to the appeal costs, and made no award of costs on the application. The ruling was dated, signed and delivered at Meru on 2 December 2025.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 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

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01

Whether costs awarded in one cause may be recovered from a deposit held in another cause

Holding

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

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 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. 2.No order of costs on the application

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Not stated in the judgment

Relief refused

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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

p. 1

Costs

No award of costs on the application - each party to bear their own costs of the application

Quotable passages

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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.
p. 2Recovery of taxed costs from a deposit in another cause
There will be no award of costs on the application.
p. 2Costs of the application

Issues in the judgment

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minor

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

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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, "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.