Kenya Electricity Transmission Company Limited v Marula Estates Limited (Environment & Land Case 310 of 2018) [2025] KEELC 3113 (KLR)

relevant to the suit entitled to the sum deposited in the joint interest earning account. The Defendant having been entitled to the funds deposited in the joint interest earning account at the point of deposit was thus entitled to both the principal amount as well as all interest to accrue up and until the point judgment was delivered. 4. The respondent states that despite the Defendants entitlement to the principal sum and the incessant pleas by the Defendant's advocates that the sum so deposited and which sum was due, be released during the pendency of the proceedings herein, the Plaintifi always frustrated the same. The Defendant vide its application dated 23rd October 2024 sought inter alia, for an order to Stanbic Bank to release the monies deposited into Account Number 010XXXXXXXXXXXX in the names of Kaplan & Stratton Advocates/ Ochieng Opiyo & Company Advocates, being the sum of Kshs.267,781,500 together with interest accrued thereon to date to M/S Kaplan & Stratton Advocates. Vide the ruling delivered on 18th November 2024, this Honorable Court held that “ It is only prudent that the costs be assessed and the Plaintifi be paid unless there is an order of stay of execution". The Court further found that “ it is prudent that the money be released to the Defendant because the Plaintifi has already taken possession." 5. The respondent states that this Honorable Court having already made a finding on the question of release of the funds in the joint interest earning account vide its ruling of 18th November 2024 is thus functus oficio. The application before the Court is thus bad in law and defective. 6. According to the respondent, the Plaintifi proceeded to tax its Party and Party Bill of Costs and which Bill vide a ruling delivered on 20thFebruary 2025, was taxed at Kshs.12,246,966. Contrary to the averments made by Counsel for the Plaintifi in its Supporting Afidavit that the Defendant has failed to execute bank papers mandating release of the funds held in Escrow, it is in fact the Plaintifis claim to the accrued interest that has caused the aforementioned delay. 7. According to the respondent, the Plaintifi s sole claim if any is limited to payment of its taxed costs per the terms of the Certificate of Costs and the ruling of 18th November 2024. The Plaintifi has no legitimate claim to the interest accrued on funds held in Escrow and neither does it have a right to set ofi against the judgment sum the aforementioned taxed costs. Any such claim as presented would amount to unjust enrichment. The application herein is devoid of merit and should be dismissed with costs to the Defendant. In the alternative and without any prejudice to the foregoing, the Court should order that the disputed sums being the excess of the awarded sum in the judgment be retained in Escrow awaiting determination of the Defendant's intended appeal. 8. I have considered the application, replying afidavit and rival submissions. I do find that on the issue of release of funds held in the joint account in the names of the advocates for the parties, the court is functus oficio having ordered release of the funds in the Escrow account to the defendant subject to payment of the costs to be taxed by the taxing master. Granting the orders sought would amount to reviewing the decision of the court. The application is disallowed. SIGNED BY: HON. JUSTICE ANTONY O. OMBWAYO NAKURU ENVIRONMENT AND LAND COURT DATE: 2025-04-04 13:19:00 https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3113/eng@2025-04-04 2

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