Kemboy Law Advocates v Njonjo & 3 others (Miscellaneous Application E041 of 2024) [2025] KEELRC 2194 (KLR)
The bottom line
#A Kenyan court refused to let a company pay a legal fees debt in instalments because it offered no evidence of hardship and hadn't paid anything.
What this practically means
#Executive summary
#Key legal issues
#Threshold for payment of a decree by instalments under Order 21 Rule 12
The court applies the principles in Rajabali Alidina: circumstances of the debt, conduct of the debtor, financial position, and bona fides in offering a fair proportion at once; mere cash flow challenges are insufficient
The court adopted the four principles from Botanics Kenya Ltd and Rajabali Alidina, and the requirement from Freight Forwarders and Hildegard Ndalut that a debtor show bona fides and good faith. It found the 4th Applicant's averment of financial hardship unsupported by evidence, noted the debtor's history of resisting payment, and that no payment had been made even after interim relief, all inconsistent with the required good faith.
Whether the Applicants demonstrated specific loss and good faith warranting stay of execution
No; the decretal sum was not contested, no appeal was declared, and the debtor made no payments, so stay and instalment orders were refused
The Advocate argued the threshold under Order 42 Rule 6 was unmet since the decretal sum was not contested and no intention to appeal was declared. The court found the Applicants' assertion of inability to pay unsupported by evidence and noted they resisted payment until their objection to taxation was overruled, conduct inconsistent with bona fides.
Legal principles established
#- A judgment debtor seeking payment by instalments must demonstrate inability to pay in a lump sum, offer reasonable instalments, act in utmost good faith and show bona fides by offering a fair proportion of the debt at once
Court orders
#- 1.The application dated 14th April 2025 is dismissed with costs to the Advocate
- 2.The interim orders granted on 16th April 2025 are vacated
- Jurisdiction invoked
- Inherent jurisdiction of the Court under Order 21 Rule 12 of the Civil Procedure Rules (application for payment of decree by instalments)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kemboy Law Advocates v Njonjo & 3 others (Miscellaneous Application E041 of 2024) [2025] KEELRC 2194 (KLR)", Case Analysis (2025). Not stated in the judgment (Chamber Summons application dated 14th April 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2194/eng@2025-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.