Wambui v Wagika Holdings Limited; Kariuki & 2 others (Objector) (Cause 472 of 2017) [2025] KEELRC 3697 (KLR)
The bottom line
#A Kenyan court rejected a 28-year debt payment plan as unreasonable and ordered the debtors to pay Kshs. 8 million upfront, with larger monthly instalments.
What this practically means
#Executive summary
#Key legal issues
#Reasonableness of Objectors' proposed payment terms for the decretal sum
The proposed terms were rejected as unreasonable; the Court substituted its own terms of Kshs. 8,000,000 lump sum within 45 days and monthly instalments of Kshs. 250,000
The Court computed that after the proposed Kshs. 750,000 deposit, the balance of Kshs. 10,250,000 at Kshs. 30,000 monthly would take about 28 years to liquidate. Combined with the 2018 decree already 7 years old, the proposal would stretch payment to 35 years from the decree. The Court held this inconsistent with fair administration of justice and fashioned its own shorter schedule while preserving the injunction and prohibition orders and allowing reinstatement of warrants on default.
Legal principles established
#- A payment proposal that would stretch satisfaction of a decretal sum over decades is unreasonable and inconsistent with the fair administration of justice
Court orders
#- 1.The Objectors shall pay to the Claimant a lump sum of Kshs. 8,000,000 within 45 days from the date of the ruling
- 2.The balance to be liquidated in monthly instalments of Kshs. 250,000 beginning the first month after the lapse of 45 days
- 3.The orders of injunction and prohibition barring sale or other dealings with the attached property by any of the Parties shall remain in force
- 4.The Claimant may reapply for the warrants for attachment and sale of L.R. Nakuru Municipality Block 5/98 in default of any one payment
- 5.Mention on 17th March 2026
- 6.No order on the costs
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over execution/attachment proceedings in Cause Number 472 of 2017
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wambui v Wagika Holdings Limited; Kariuki & 2 others (Objector) (Cause 472 of 2017) [2025] KEELRC 3697 (KLR)", Case Analysis (2025). Cause Number 472 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3697/eng@2025-12-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.