Kenya Case Law

Chairperson, Secretary & Treasurer Board of Management Elite Girls Bumamu Secondary School v Namonywa t/a Benamos E Africa

Chairperson, Secretary & Treasurer Board of Management Elite Girls Bumamu Secondary School v Namonywa t/a Benamos E Africa [2025] KEHC 10229 (KLR)

Court

High Court

Case number

Civil Appeal E078 of 2023

Judge

S Mbungi

The High Court dismissed an application to pay a decretal sum by instalments, finding no sufficient cause and rejecting claims of financial incapacity.

• Payment By Instalments
• Decretal Sum Enforcement
• Stay Of Execution
• Judgment Debtor Rights
• Payment-by-instalments
• Decretal-sum-enforcement

Chairperson, Secretary & Treasurer Board of Management Elite Girls Bumamu Secondary School v Namonywa t/a Benamos E Africa

Chairperson, Secretary & Treasurer Board of Management Elite Girls Bumamu Secondary School v Namonywa t/a Benamos E Africa [2025] KEHC 10230 (KLR)

Court

High Court

Case number

Civil Appeal E077 of 2023

Judge

S Mbungi

The High Court dismissed an application by a school board to pay a decretal sum by instalments, finding no sufficient cause and no change in financial circumstances.

• Payment By Instalments
• Decretal Sum Enforcement
• Stay Of Execution
• Public Body Liability
• Payment-by-instalments
• Decretal-sum-enforcement

Wangalwa v County Assemblies Forum (CAF) & 2 others; Kcb Bank Ltd (Garnishee)

Wangalwa v County Assemblies Forum (CAF) & 2 others; Kcb Bank Ltd (Garnishee) [2025] KEELRC 2075 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E069 of 2023

Judge

HS Wasilwa

The court granted a conditional stay of execution and allowed the decretal sum to be paid in four equal monthly instalments, with default allowing execution.

• Stay Of Execution
• Payment By Instalments
• Government Proceedings Act
• Decretal Sum Enforcement
• Stay-of-execution
• Payment-by-instalments

Lenora Company Limited v Straight Security Services Limited

Lenora Company Limited v Straight Security Services Limited [2025] KEHC 10697 (KLR)

Court

High Court

Case number

Civil Appeal E119 of 2024

Judge

F Gikonyo

The High Court allowed payment of a decretal sum by monthly instalments, raising the appellant’s proposed Kshs. 20,000 to Kshs. 50,000 and ordering execution on default.

• Payment By Instalments
• Stay Of Execution
• Decretal Sum Enforcement
• Judgment Debtor Relief
• Payment-by-instalments
• Stay-of-execution

Juma Hardware Limited v Tungani & 2 others

Juma Hardware Limited v Tungani & 2 others [2025] KEELRC 1831 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E189 of 2024

Judge

JW Keli

The court dismissed a post-judgment application, holding it had already finally determined the appeal issues and was functus officio on the appeal’s validity.

• Redundancy Procedure
• Decretal Sum Enforcement
• Change Of Advocate
• Appeal Out Of Time
• Certificate Of Delay
• Functus Officio

Shira v Kiptingos

Shira v Kiptingos [2025] KEELC 4408 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Appeal E002 of 2022

Judge

MN Mwanyale

The Environment and Land Court at Kilgoris allowed an application to pay a decretal sum by instalments, but substituted harsher payment terms and awarded costs to the respondent.

• Payment By Instalments
• Stay Of Execution
• Decretal Sum Enforcement
• Judicial Discretion
• Payment-by-instalments
• Stay-of-execution

Mutunga v State Law Office

Mutunga v State Law Office [2025] KEHC 6637 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E128 of 2025

Judge

RE Aburili

The High Court dismissed leave for mandamus, finding the application was directed at the wrong government office holder and would be futile.

• Judicial Review
• Mandamus
• Government Proceedings
• Decretal Sum Enforcement
• Judicial-review
• Government-proceedings

Board of Management Kaimosi Teachers Training College v Pambazuka Builders Construction Company Limited & another

Board of Management Kaimosi Teachers Training College v Pambazuka Builders Construction Company Limited & another [2025] KECA 662 (KLR)

Court

Court of Appeal

Case number

Civil Application E263 of 2024

Judges

HA Omondi, LK Kimaru, AO Muchelule

An application for stay of execution pending appeal under Rule 5(2)(b) of the Court of Appeal Rules will be dismissed if the applicant fails to satisfy either of the twin principles: that the appeal is arguable and that the appeal will be rendered nugatory if a stay is not granted.

Source excerpt

• Stay Of Execution
• Tender Disputes
• Specific Performance
• Decretal Sum Enforcement

Akun & another v Africanline Terminal Logistics; Equity Bank (Kenya Limited) (Garnishee)

Akun & another v Africanline Terminal Logistics; Equity Bank (Kenya Limited) (Garnishee) [2025] KEELRC 1071 (KLR)

Court

Employment and Labour Relations Court

Case number

Cause E073 of 2023

Judge

M Mbarũ

The court allowed a garnishee application, ordered the respondent to pay the decretal sum within 14 days, and rejected the proposed set-off in this file.

• Garnishee Proceedings
• Decretal Sum Enforcement
• Set Off Of Costs
• Certificate Of Costs
• Garnishee-proceedings
• Decretal-sum-enforcement

Prime Bank Limited v Mwaringa & another

Prime Bank Limited v Mwaringa & another [2025] KEHC 3548 (KLR)

Court

High Court

Case number

Civil Appeal E036 of 2023

Judge

M Thande

The High Court allowed a bank’s appeal against a garnishee order absolute, finding the trial court wrongly disregarded affidavit and bank-statement evidence showing insufficient funds.

• Garnishee Proceedings
• Affidavit Evidence
• Bankers Books Evidence
• Decretal Sum Enforcement
• Garnishee-proceedings
• Affidavit-evidence