REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL MISC. CASE NO. E040 OF 2025 JOHN MUTHOMI T/A JOHN MUTHOMI & CO ADVOCATE............ADVOCATE/APPLICANT =VERSUS= FLORENCE KARAMBU MWARANIA..............CLEINT/RESPONDENT RULING (EX-TEMPORE) 1. Through the notice of motion dated 24/8/2026, the client, Florence Karambu Mwarania, prays for an order allowing her to liquidate the taxed sum in monthly instalments of Kshs 10,000. In her subsequent oral submissions through counsel, she stated that the furthest she is able to stretch is Kshs15,000 per month. She also submitted that she complied with the order of the court by paying Kshs 93,100 being 500% of the taxed costs plus the additional court fees. Page 1 | 3
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2. The applicant’s case is that she lacks sufficient disposable income to enable her settle the award at once. 3. The advocate/respondent opposes the application. The advocate contends that the client has reasonable disposal income which she gets from her late husband’s estate. The advocate is only wiling to accommodate three (3) instalments. 4. There are no convoluted issues before court. Taking into account the parallel affidavits and submissions, 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. Consequently, 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. The 1st instalment shall be paid on or before 15th October 2026. All subsequent instalments shall be paid on or before the 15th of every succeeding month. 5. 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. This file is marked “case closed”. DATED, SIGNED AND DELIVERED AT MERU THIS 28TH DAY OF SEPTEMBER, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Page 2 | 3
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Mr Njindo for the Applicant. Mr Muthomi for the Advocate/Respondent. Court Assistant – Mr. E. Tupet Page 3 | 3
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