https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6618
The court exercised discretion to reject the applicant’s proposed Kshs. 3,000 monthly instalments as unreasonable because they would take about a decade to clear the decree, and instead adopted a more practical figure of Kshs. 40,000 per month, subject to strict default consequences.
Source-derived case information.
- Citation
- [2026] KEHC 6618 (KLR)
- Parties
- Appellant/applicant: Marko Gitonga; Respondent: Morris Mutuma
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E097 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution and Payment by Instalments
- Outcome
- Application allowed in part; instalment payment terms ordered.
- Judges
- ["HM Nyaga"]
- Legal Topics
- Stay of Execution, Payment by Instalments, Decretal Sum, Costs, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Marko Gitonga
Appellant/applicant
Morris Mutuma
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution and Payment by Instalments
Legal Issues
- 1 Whether the court should stay execution pending determination of the application.
- 2 Whether the decretal sum should be settled by monthly instalments and on what terms.
- 3 What amount of monthly instalment is reasonable in the circumstances.
Ratio Decidendi
The court exercised discretion to reject the applicant’s proposed Kshs. 3,000 monthly instalments as unreasonable because they would take about a decade to clear the decree, and instead adopted a more practical figure of Kshs. 40,000 per month, subject to strict default consequences.
Court Disposition
Application allowed in part; instalment payment terms ordered.
Orders
- The balance of the decretal sum shall be paid in monthly instalments of Kshs. 40,000 with effect from 1 June 2026 and thereafter on or before the 1st day of each succeeding month until payment in full.
- In default of any single instalment, the entire balance shall become due and the respondent shall be at liberty to execute.
Full Case Text
Judgment text and source record
1 paragraphs
Gitonga v Mutuma (Civil Appeal E097 of 2023) [2026] KEHC 6618 (KLR) (18 May 2026) (Ruling) Neutral citation: [2026] KEHC 6618 (KLR) Republic of Kenya In the High Court at Meru Civil Appeal E097 of 2023 HM Nyaga, J May 18, 2026 Between Marko Gitonga Appellant and Morris Mutuma Respondent Ruling 1.By an application dated 20/01/2026, the appellant/applicant has sought the following orders:1.That the honourable court be pleased to certify this application of utmost urgency and to hear it ex-parte and on a priority basis in the 1st instance.2.That the honourable court be pleased to issue an order for stay of execution of the judgment/decree, certificate of costs and all consequential orders herein pending the inter-partes hearing and determination of this application.3.That the application be allowed to pay the sum of Kshs.3,000/= on the 26th day of every month as an installment towards the settlement of the total sum of Kshs.275,150/=.4.That the applicant be allowed to pay the amount of Kshs.3,000/= on the 26th day of each month with Kshs.10,000/= as first installment until the debt is paid in full.5.That costs of this application be in the cause. 2.The applicant states that he is committed to setting the decree of the lower court but due to his financial situation, he can only afford to pay the amount due in monthly instalments of Kshs.3,000/=. 3.The respondent opposed the application. The advocate proposed that the applicant settles the decree in monthly instalments of Kshs. 43, 788/=. 4.In essence, the parties appear to have agreed that the application can be settled by an order of payment by instalments. 5.The appeal was allowed on 13th June 2024. The applicant did not attempt to settle the decretal sum until the respondent moved to execute the decree. 6.I have considered the matter and I find that the proposed instalments by the applicant are quite unreasonable. It will mean that he will be paying the decretal sum for a decade. 7.The respondent’s proposal appears reasonable, considering the outstanding decretal sum. 8.After considering the application and the proposals by the parties, it is ordered as follows: -a.The respondent/applicant to offset the balance of the decretal sum in monthly installments of Kshs.40,000/= with effect from 1st June 2026 and thereafter on or before the 1st day of each succeeding month until full payment.b.In default of payment of any single instalment, the entire balance shall become due and the respondent shall be at liberty to execute the same.c.The applicant shall bear the costs of the application. DATED, SIGNED & DELIVERED AT MERU THIS 18TH DAY OF MAY, 2026.H.M. NYAGAJUDGE