https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8457
The court held that because the judgment against the applicant was entered jointly and severally, execution could properly be levied against him alone; the challenge had already been raised and determined in the earlier ruling of 12th October 2023, making the fresh application misdirected and res judicata.
Source-derived case information.
- Citation
- [2026] KEHC 8457 (KLR)
- Parties
- Appellant/applicant: ODHIAMBO BEATRICE ADHIAMBO; 1st Respondent: MICHEAL ONDONG AGUNDA; 2nd Respondent: JOASH MWAURA OJUNE; 3rd Respondent: WILLIAM ODOVO CHACHA; 4th Respondent: IEBC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Election Petition Appeal 6 of 2018
- Procedural Posture
- Election Petition Appeal / Ruling on Application for Review/set Aside of Certificate of Costs and Execution Related Complaint
- Outcome
- Application dismissed
- Judges
- ["ACA Ong’injo"]
- Legal Topics
- Joint and Several Liability on Costs, Res Judicata, Review of Taxation/certificate of Costs, Execution Against One Judgment Debtor, Reimbursement Among Co Defendants
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ODHIAMBO BEATRICE ADHIAMBO
Appellant/applicant
MICHEAL ONDONG AGUNDA
1st Respondent
JOASH MWAURA OJUNE
2nd Respondent
WILLIAM ODOVO CHACHA
3rd Respondent
IEBC
4th Respondent
Procedural Posture
Election Petition Appeal / Ruling on Application for Review/set Aside of Certificate of Costs and Execution Related Complaint
Legal Issues
- 1 Whether the applicant could avoid execution on the basis that costs were shared among multiple respondents
- 2 Whether the court could review the certificate of costs on the ground that counsel allegedly failed to update the applicant
- 3 Whether the application was barred by res judicata
Ratio Decidendi
The court held that because the judgment against the applicant was entered jointly and severally, execution could properly be levied against him alone; the challenge had already been raised and determined in the earlier ruling of 12th October 2023, making the fresh application misdirected and res judicata.
Court Disposition
Application dismissed
Orders
- The application dated 9th June 2025 is dismissed.
- Each party shall bear their own costs of the application.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT MIGORI** **ELECTION PETITION APPEAL NO. 6 OF 2018** **ODHIAMBO BEATRICE ADHIAMBO…………………………….………APPELLANT** **-VS-** **MICHEAL ONDONG AGUNDA …….………………….………… 1ST RESPONDENT** **JOASH MWAURA OJUNE ……………………………...……….. 2ND RESPONDENT** **WILLIAM ODOVO CHACHA ……………………………….…… 3RD RESPONDENT** **IEBC ………………………………………………………………… 4TH RESPONDENT** **RULING** In the application dated 13th May 2022 and which ruling was delivered on 12th October 2023 the Judge found that a party was at liberty to levy execution against any one of the Defendanrts or against each one of them. That consequently the party against whom execution is levied is entitled to reimbursement from the co-Defendants. It was held that the assertion by the Applicant therein that he was not the only one liable was not supported in law since the judgment was entered jointly and severally. The application was therefore dismissed. Subsequently the Applicant filed application dated 9th June 2025 in person and again complained that the costs of the Petition was to be shared among three Respondents and yet he is the only one against whom execution was being levied. He aso prayed that the court reviews certificate of costs as his Advocate Mr. Muniko did not update him and he only learnt of the taxed costs at the time of execution. Subsequently the Respondent did not return to court and Mr. Bosire Advocate informed the court that the 1st Respondent had even acknowledged the judgment of the court and taxation and he was ready to pay by instalments. Mr. Bosire submitted that the application herein was an exercise in futility and should be dismissed. In consideration that the judgment against the Applicant was entered jointly and severally this court like in the ruling dated 12th October 2023 finds that the application is misdirected and is res judicata since a similar application was already made and ruling delivered explaining the determination of the court in regard to costs in the judgment. The application is dismissed. Each party to bear their own costs of the application. It is so ordered. **DATED, SIGNED AND DELIVERED AT MIGORI THIS 12th DAY OF JUNE, 2026.** **HON. ANNE C. A. A. ONG’INJO** **JUDGE** **In The Presence of** Victor – Court Assistant Calvince – Court Assistant Applicant – Respondent -