LN v Ngeno (Miscellaneous Civil Application 304 of 2025) [2026] KEHC 12294 (KLR) (30 July 2026) (Ruling)

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **AT NAKURU** **MISC. CIVIL APPLICATION NO. 304 OF 2025** L.N. ....................................................................................APPLICANT VERSUS BEN NGENO...................................................................RESPONDENT **RULING** 1. This ruling is the outcome of two applications. The first is the motion dated 23rd February, 2026 taken out by L.N, the applicant herein whereof she sought for the following orders: 2. ***The instant application is certified urgent and service is dispensed with in the first instant.*** 3. ***The decree of the HIV and AIDS Tribunal in Case No. E001 of 2024 issued on the 6th September, 2024 and dated 10th June, be adopted as a decree of this court.*** 4. ***The ruling oncosts issued in HIV and AIDS Tribunal Case No. E001 of 224 dated 7th November, 2024 be adopted as a ruling of this court*** 5. ***The Deputy Registrar does prepare a decree and certificate of costs bearing the seal of this court after the granting of prayers 2 and 3.*** 6. ***Costs of this application be in the cause*** 7. The applicant swore an affidavit she filed in support of the motion. 8. The application was served upon Bernard Ngeno the Respondent herein who indicated in his replying affidavit that he does intend to oppose the application. The applicant is basically seeking for an order adopting the decision of the HIV and AIDS Tribunal in case No. E001 of 2024 as the decision of this court. Pursuant to section 29 of HIV and AIDS Prevention and Control Act. The application is not opposed. The same is allowed as prayed. 9. The second application is the motion dated 11th May, 2026 taken out by Bernard Ngeno the Respondent in which he sought for the following orders inter alia: 10. ***Spent*** 11. ***That this honourable court be and is hereby pleased to stay the hearing of the application dated 23rd February, 2026.*** 12. ***That this honourable court be pleased to issue an order directing that the decretal sum be paid by the Applicant to the Respondent in installments of Kenya shillings ten thousand (Ksh 10,000) per month following a Kenya shillings one hundred thousand (Ksh 100,000) deposit effective immediately.*** 13. ***That costs of this application be provided for*** 14. The Respondent/Applicant filed an affidavit he swore in support of the motion. 15. The Respondent/applicant averred that he is not in a position to settle the principal sum of Ksh 500,000/= plus costs of Ksh 7,500 at once. He proposed to settle the same by instalments. He stated that he is in a position to pay the first instalment of Ksh 100,000/= forthwith and the balance by monthly installments of Ksh 10,000/= until payment in full. He argued that he is unemployed and that he runs a small medium enterprise selling a small medium enterprise selling street food (Mutura) within Salgaa shopping centre. 16. The Applicant/Respondent on the other had filed a replying affidavit to oppose the application for payment by instalment arguing that the Respondent/Applicant has failed to tender evident proving his inability to satisfy the decree at one. The applicant/Respondent pointed out that the proposal to liquidate the decree by instalment of Ksh 10,000/= to be unreasonable oppressive and that it is calculated to deny him the fruits of her judgment. 17. The applicant/Respondent urged this court, if it is inclined to accommodate the Respondent/applicant to direct him to pay a substantial amount immediately and the balance to be liquidated by instalments within a reasonable period not exceeding 6 months. 18. I have considered the rival submissions. It is apparent that the Applicant/Respondent is not averse to accommodating the Respondent to settle the decretal sum by instalments. He main contention is that the instalments proposed by the Respondent/Applicant appear to be unreasonable. With respect, I agree with the Applicant/Respondent that if the proposed instalments are allowed the settlement of the decretal sum will take more than 48 months. That period in my view is too long. A reasonable accommodation to the Respondent/Applicant is to allow him to settle the decretal amount by monthly instalments of Kshs 50,000/= 19. In the end, the Respondent/Applicant’s is allowed to the extent that he is to liquidate the decretal by instalments as follows: 20. **Ksh 100,000 initial deposit forthwith** 21. **The balance to be liquidated by monthly instalments of Ksh 50,000/= with effect from 10th September 2026 and thereafter on the 10th day of each preceding month.** 22. **Each party to meet his or her own costs of the application** **Dated, signed and delivered at Nakuru this 30th day of July, 2026** **J. K. SERGON** **JUDGE** **In the presence of:** Rutoh C/A Okemwa for claimant Muhuni holding brief Langat for Respondent