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ELCPartially AllowedELCL MISC. CASE NO. E040 OF 2025

John Muthomi T/A John Muthomi & Co Advocate v Florence Karambu Mwarania

Environment and Land Court
28 September 2026
BEB M Eboso
348 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court allowed a client to pay her lawyer's taxed fees in five monthly instalments and denied the lawyer costs for starting execution too early.

What this practically means

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Executive summary

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This ex-tempore ruling of the Environment and Land Court at Meru (B M Eboso, ELC Judge) determined a notice of motion dated 24/8/2026 by the client, Florence Karambu Mwarania, seeking leave to liquidate taxed advocate-client costs in monthly instalments of Kshs 10,000, later raised orally to Kshs 15,000. She asserted she lacked sufficient disposable income to pay the award at once and had complied with a prior court order by paying Kshs 93,100, being 500% of the taxed costs plus additional court fees. The advocate/respondent opposed the application, contending the client had reasonable disposable income from her late husband's estate and offering to accommodate only three instalments. The court, finding no convoluted issues, held that settlement of the awarded costs in five equal monthly instalments would be reasonable. It allowed the client to liquidate the outstanding balance of Kshs 93,100 in five equal monthly instalments, the first due on or before 15th October 2026 and subsequent instalments by the 15th of each succeeding month. Noting that execution in the cause had been initiated before the taxation officer's award was adopted as a judgment of the court, the judge declined to award the advocate costs of the application and marked the file 'case closed'.

Questions the Court framed

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

  1. 1.Whether the client should be allowed to liquidate the taxed costs in monthly instalments
  2. 2.What amount and number of instalments would be reasonable in the circumstances

Key legal issues

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01

Whether the client should pay the taxed costs in instalments

Holding

Yes - five equal monthly instalments of the Kshs 93,100 balance, first due 15th October 2026

Reasoning

The court considered the affidavits and submissions, noting the client's claim of insufficient disposable income and her compliance in paying 500% of taxed costs plus court fees. It found five equal monthly instalments reasonable, rejecting the advocate's offer of only three instalments.

p. 2
02

Costs of the instalment application

Holding

Advocate denied costs of the application

Reasoning

Because execution had been initiated before the taxation officer's award was adopted as a judgment of the court, the court declined to award the advocate costs of the application.

p. 2

Legal principles established

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  • A court may allow a client to liquidate taxed advocate-client costs in reasonable monthly instalments where the client lacks sufficient disposable income to pay at once
  • Execution initiated before the taxation officer's award is adopted as a judgment of the court may disentitle the advocate to costs of a subsequent application

Court orders

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  1. 1.The client, Florence Karambu Mwarania, is allowed to liquidate the outstanding balance of the advocate's costs [Kshs 93,100] in five equal monthly instalments
  2. 2.The 1st instalment shall be paid on or before 15th October 2026
  3. 3.All subsequent instalments shall be paid on or before the 15th of every succeeding month
  4. 4.The advocate will not be awarded costs of the application
  5. 5.The file is marked 'case closed'

The bench

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

BE
majority

Wrote the judgment

Jurisdiction invoked
Advocate-client costs taxation; adoption of taxed costs as judgment of the court and instalment payment under the Advocates Act regime

Relief refused

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Client's request for instalments of Kshs 10,000 (or up to Kshs 15,000 as submitted orally) over an open period

Court fixed five equal monthly instalments of the Kshs 93,100 balance instead, treating that as reasonable

p. 2

Advocate's costs of the application

Execution was initiated before the taxation officer's award was adopted as a judgment of the court

p. 2

Costs

No costs of the application awarded to the advocate; each party effectively 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 comes to the conclusion that a settlement of the awarded costs in five equal monthly instalments would be reasonable in the circumstances of the present application
p. 2Instalment payment of taxed costs
the client, Florence Karambu Mwarania, is allowed to liquidate the outstanding balance of the advocate's costs [Kshs 93,100] in five equal monthly instalments
p. 2Final orders
Noting that execution in this cause was initiated before the award of the taxation officer was adopted as a judgment of the court, the advocate will not be awarded costs of the application
p. 2Costs - premature execution

Issues in the judgment

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minor

Client stated she paid Kshs 93,100 (500% of taxed costs) yet court orders payment of outstanding balance of Kshs 93,100

minor

Party description misspells 'CLEINT'

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, "John Muthomi T/A John Muthomi & Co Advocate v Florence Karambu Mwarania", Case Analysis (2026). ELCL MISC. CASE NO. E040 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5909/eng@2026-09-28

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