Samuel Bundi Mokora v Musa Chebiringet [2021] KEELRC 646 (KLR)
The bottom line
#A Kenyan employment court allowed a judgment debtor to pay a decree in instalments, but only after paying half upfront within 90 days.
What this practically means
#Executive summary
#Key legal issues
#Payment of decretal sum by instalments
The Court has power to allow payment in instalments but tailored the terms, requiring half the decretal sum first given the length of time instalments of 30,000/= would take
The court noted that its previous ruling of 10/6/21 did not address payment in instalments, so this aspect was open for determination. For a decree of about 600,000/=, instalments of 30,000/= would take a considerably long time, so the court conditioned the stay on payment of half the decretal sum within 90 days, with the balance in monthly instalments of 30,000/=, and execution to proceed on default.
Res judicata and functus officio objections
The Court did not strike out the application on res judicata or functus officio grounds, proceeding instead to deal with the instalment issue not addressed in the earlier ruling
The claimant argued the application was res judicata under section 7 of the Civil Procedure Act and that the court was functus officio. The court acknowledged the earlier ruling but observed it had not dealt with payment by instalments, and therefore exercised its discretion to grant conditional stay and instalment payment terms.
Legal principles established
#- A court may grant a stay of execution conditional on part-payment of the decretal sum, with the balance payable in instalments and execution resuming on default of any instalment
Court orders
#- 1.Stay of execution on condition that half the decretal sum is paid within 90 days
- 2.Balance of the decretal sum to be paid in equal monthly instalments of Kshs. 30,000/- until payment in full
- 3.In default of any one instalment, execution to proceed
- Jurisdiction invoked
- Order 42 rule 6 and Order 21 rule 12 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Bundi Mokora v Musa Chebiringet [2021] KEELRC 646 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/646/eng@2021-10-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.