Jenniffer Kabiro Wairimu v Everlyne Jerotich
The bottom line
#Kenya's Environment and Land Court can order full rental income accounts and property inspections when someone underpays court-ordered deposits during an appeal.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC on appeal to entertain the application
The Court has jurisdiction because the application arises from execution of and compliance with its own order of 28 January 2026 directing deposit of rental income in Court.
Although a first appellate court should not handle questions reserved for the trial court, the application is anchored on the ELC's own preservation order. Section 63(b) and (e) CPA empowers the court to make supplemental interlocutory orders to prevent the ends of justice from being defeated, including directing security and just and convenient interlocutory orders.
Whether the Applicant established grounds for the orders sought
Yes. An accounting gap was established on a balance of probabilities; the orders facilitate compliance with the deposit order and are just and convenient under section 63(b) & (e) CPA.
The deposit order required 'all rental income' to be deposited but did not define it. Only Kshs. 20,000 monthly was remitted against claimed income of Kshs. 99,000. The court found the application made in good faith, not a fishing expedition, and held that joint inspection and month-to-month accounting would ensure neither party derives unfair advantage through token compliance.
Costs
Costs of the application to abide the outcome of the Appeal.
Costs are discretionary and follow the event, but the court found special circumstances in this interlocutory application and directed that costs await the outcome of the appeal rather than being awarded immediately to the successful applicant.
Legal principles established
#- A first appellate court has jurisdiction under section 63(b) & (e) CPA to issue supplemental interlocutory and preservatory orders to give effect to its own deposit orders pending appeal.
- The Giella v Cassman Brown conditions for interlocutory injunctions do not apply to applications for preservation-type supplemental orders.
- An accounting gap in compliance with a deposit order can be established on a balance of probabilities and remedied through month-to-month accounting and joint inspection.
Court orders
#- 1.Joint inspection and visit to the suit property by the parties, their advocates and/or agents and the Court Bailiff, to ascertain the number of tenants and rental income, within 15 days
- 2.Parties granted unrestricted access to visit and inspect the suit property at reasonable times pending hearing and determination of the Appeal
- 3.Respondent to render a true and accurate account of all rental income collected from the suit property from January 2026 to May 2026
- 4.Respondent to render a monthly account by affidavit on the 15th day of every month from June 2026, detailing occupied and unoccupied units, rental income, arrears, expenses with supporting evidence, net income deposited and any other material fact
- 5.Court Bailiff to prepare a Report within 15 days of the visit setting out particulars of occupied and unoccupied units, rental income, arrears, expenses and amounts deposited
- 6.Costs of the Court Bailiff to be drawn from and counted as part of the expenses of running the suit property
- 7.Costs of the Application to abide the outcome of the Appeal
- 8.Appellant directed to take expedited steps to set the Appeal down for Case Management Conference on a priority basis
- On appeal from
- Magistrates' Court at Eldoret
- MCELC No. E002 of 2025
- Jurisdiction invoked
- Sections 63(b) & (e) of the Civil Procedure Act (supplemental proceedings in an appeal); sections 1A, 1B, 3A, 79 & 95 CPA invoked by the Applicant
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jenniffer Kabiro Wairimu v Everlyne Jerotich", Case Analysis (2026). ELCLA Number E030 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5489/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.