REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT MANDERA CLAIM NO SCCCOMM E061 OF 2025 [Coram: C.O. Omondi (R.M)] PATRICK MWITI MURIGE……………………….... ……………….CLAIMANT VERSUS JOHN MUTEGI KATHARE…….. …………………………..............RESPONDENT RULING (Respondents Applications dated 11th May 2025) 1. Before the court is the Respondents Notice of Motion Application filed under urgency dated 11th May 2025 the Respondent in the Application essentially seeks a stay of execution of the Judgment of 24 th April 2026 and further the Respondent to settle the decretal amount of 390,000/= in monthly instalments of Kshs 15,000/=. 2. The application is based on the grounds set out in the application and the annexed affidavit of John Mutegi Kathare. 3. The main ground is that the Claimant has threatened to commence execution and prior to the filing of this suit and after the Respondent has made a payment of 64,500/= and 1
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the Applicant further seeks to settle the outstanding amount by way of instalments. Response 4. The matter came up for directions on the 30 th July 2026 when the Claimants Advocate sought leave to file a reply to the instant application however as of writing this ruling on the 5 th August 2026 no response had been filed to the Application. Nonetheless the Court shall proceed and look at the application on its merits or demerits. Analysis and Determination 5. The issue for determination is whether the Court should grant the stay of execution of its Judgment of 24 th April 2026 and to further make an Order of payment of the decretal sum in instalments. 6. The test to be applied is an application for payment by instalments is well settled by case law. Kshevji Jethabai & Brothers Limited –vs- Saleh Abdulla (1959) E.A. cited in Victoria Commercial Bank Ltd –v-s Charles Lutta Kasamani H.C. Misc. Case No. 288 of 1997) stated that; 2
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The primary consideration for allowing payment of a decree by instalments is for the judgment debtor to demonstrate bona fides by payment of a fair proportion of the debt. 7. The Applicant in this case deponed that he has subsequent and prior to this suit being filed paid the Claimant Kshs 64,500/= as exhibited by annextures marked JM 1. The Claimant failed to respond to this application and consequently the ground goes uncontroverted. Disposal 8. The upshot is that the Respondents applications dated 11 th May 2025 is allowed. The Respondent is to pay the Claimant Kshs 10,000/= from the month of September 2026. 9. The monthly instalments are to be paid on or before the 5 th of every successive month. Kshs 64,500/= is to be deducted from the decretal amount awarded of Kshs 390,000. =. Failure of the Respondent to pay any instalment. Execution shall fall promptly. 10.Each party to bear their own costs. Dated, signed and delivered at Nairobi through Microsoft Teams online application this 29 th day of October, 2025 3
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--------------------Cornel. O. Omondi Adjudicator 4
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