Schiering v Said & 2 others (Environment and Land Case 144 of 2021) [2026] KEELC 616 (KLR)
The bottom line
#A Kenyan court clarified that a 2015 land sale debt of Euros 122,000 must be converted at Kshs 108 per Euro, not today's rate.
What this practically means
#Executive summary
#Key legal issues
#Whether the court should clarify the exchange rate of Euro against the Kenya Shillings applicable to the judgment delivered on 12th April 2024
The court allowed the application and specified the applicable exchange rate as 1 Euro to Kshs. 108, being the average CBK rate at the time of the 2015 sale.
The court noted that its earlier judgment of 12th April 2024 ordered the Applicant to remit Euros 122,000 less 12% at the applicable exchange rate at the time of the sale, but never specified the rate. From the annexure to the Applicant's further affidavit sworn on 11th August 2025, the average rate was 1 EUR to Kshs 108. The application was unopposed and adequate evidence had been tendered, so the court found no reason to refuse the clarification.
Who bears the costs of the application
Although the Applicant was entitled to costs, the court ordered each party to bear its own costs because the application was unopposed.
Costs are discretionary and, under Section 27(1) of the Civil Procedure Act, follow the event. Having successfully established her case, the Applicant would ordinarily be entitled to costs. However, since the application was never opposed, the court considered it fair and logical that each party bear their own costs.
Legal principles established
#- The power of clarification may be exercised where a judgment is ambiguous, unclear or confusing, to render the judgment more comprehensible without re-engaging with its merits.
- Costs follow the event under Section 27(1) of the Civil Procedure Act, but the court may direct each party to bear its own costs where the application is unopposed.
Court orders
#- 1.The Notice of Motion application dated 22nd April 2025 by the 1st Defendant/Applicant be and is hereby found to be meritorious thus allowed
- 2.The 1st Defendant/Applicant shall remit the purchase price of Euros 122,000 to the Plaintiff less 12% at the applicable exchange rate at the time of the sale, which was 1 EURO to Kshs. 108, within the next thirty (30) days from the date of delivery of the Ruling
- 3.Each party to bear its own costs
- On appeal from
- Court of Appeal
- Civil Case No. 076 of 2024
- Jurisdiction invoked
- Article 159(2)(d) and Article 50(1) of the Constitution of Kenya, 2010; Sections 1A, 1B and 3A of the Civil Procedure Act, Cap. 21; Order 51 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Schiering v Said & 2 others (Environment and Land Case 144 of 2021) [2026] KEELC 616 (KLR)", Case Analysis (2026). Notice of Motion dated 22nd April 2025 (ELC at Kwale). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/616/eng@2026-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.