1. Before this Court is a Notice of Motion dated the 30 th of April 2026 brought under Sections 1A, 1B & 3A and 65 of the Civil Procedure Act Cap 21 and Articles 159 and 165(6) of the Constitution of Kenya, 2010. The Motion seeks to invoke the supervisory jurisdiction of the High court to give full effect to the Decree issued in Milimani Chief Magistrate’s Court Civil Case No. 5588 of 2014.
2. The Application is supported by an Affidavit sworn by MOHAMED MUNIR CHAUDHRI who depones that on or about the 19 th of March 2019, final judgment was entered in favor of the Respondent, Grace Nyambura, in Milimani Chief Magistrate’s Court Civil Case No. 5588 of 2014 before Hon. E.K. Usui.
3. It is further deponed that in full and timely compliance with the said decree, the Applicant deposited the entire decretal sum of Kshs. 263,400.00/= into the Judiciary’s designated bank account and a bank deposit slip as well as an official receipt No. DCA-0001566 issued by the Judiciary’s Accounts Department were annexed as evidence.
4. The Applicant’s Counsel deponed that in the course of the Judiciary’s migration to a fully digital accounting and case management tracking system, the deposit records are no longer accessible.
5. That the trial Court did make directions for the release of funds, however the Accounts Department indicated that the receipt number is not recognized by the current digital system and efforts to follow up on this have been futile.
6. The Applicant therefore seeks an order directing the tracing, verification and reconciliation of the sum of Kshs. Two Hundred and Sixty Three Thousand Four Hundred ( Kshs. 263,400.00) paid by the Applicant within the manual system.
7. The Applicant further seeks a declaration that he has fully satisfied the decree and that any failure to release the funds are purely administratively and shall not be construed as default on the part of the Applicant.
8. This Court has carefully analyzed the Application, the grounds relied upon, the supporting affidavit and the annexures thereto and is satisfied that the Applicant herein did indeed deposit to the Judiciary’s Account, a sum of Kenya Shillings Two Hundred and Sixty-Three Thousand Four Hundred (Kshs. 263,400.00). There is an official receipt and acknowledgement of the said funds issued by the Judiciary.
9. This Court is further satisfied that the said amount fully settled the decree in Milimani Chief Magistrate’s Court Civil Case No. 5588 of 2014.
Orders
10. Consequently, this Court allows the Application dated 30 th April 2026 and hereby issues the following orders;
a) I hereby direct that the in charge of the Accounts Department, Milimani Law Courts, to forthwith trace, verify and reconcile the sum of Kenya Shillings Two Hundred and Sixty-Three Thousand, Four Hundred (Kshs. 263,400.00) deposited under Receipt No. DCA-0001566 within the manual system and thereafter to duly migrate, regularize, release and remit the said funds through the current Judiciary’s financial Management System to the Respondent’s Advocate on record in full and final satisfaction of the Decree.
b) Upon compliance, the in charge of the Accounts Department, Milimani Law Courts, to file and or present in this Court a report of compliance exhibiting the reconciliation undertaken and the evidence of release of the decretal sum to the Decree Holder not more than 30 days from this order.
c) A Declaration does issue that the Applicant has duly satisfied the Decree and that any failure to release the funds is purely administrative and shall not be construed as default on the part of the Applicant.
d) The Decree issued herein be effected without any further delay.
e) This matter shall remain under the supervisory jurisdiction of this Court for purposes of ensuring full implementation of these orders. The Applicant is at liberty to apply for further directions in the event of any difficulty in the implementation or non-compliance.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 29 TH OF JULY 2026
A.M. OKUTOYI
JUDGE
In the presence of:
Mr. Bruno for the Applicant
N/A for the Respondent
Court Assistant: Ms. Mokeira
2. The Application is supported by an Affidavit sworn by MOHAMED MUNIR CHAUDHRI who depones that on or about the 19 th of March 2019, final judgment was entered in favor of the Respondent, Grace Nyambura, in Milimani Chief Magistrate’s Court Civil Case No. 5588 of 2014 before Hon. E.K. Usui.
3. It is further deponed that in full and timely compliance with the said decree, the Applicant deposited the entire decretal sum of Kshs. 263,400.00/= into the Judiciary’s designated bank account and a bank deposit slip as well as an official receipt No. DCA-0001566 issued by the Judiciary’s Accounts Department were annexed as evidence.
4. The Applicant’s Counsel deponed that in the course of the Judiciary’s migration to a fully digital accounting and case management tracking system, the deposit records are no longer accessible.
5. That the trial Court did make directions for the release of funds, however the Accounts Department indicated that the receipt number is not recognized by the current digital system and efforts to follow up on this have been futile.
6. The Applicant therefore seeks an order directing the tracing, verification and reconciliation of the sum of Kshs. Two Hundred and Sixty Three Thousand Four Hundred ( Kshs. 263,400.00) paid by the Applicant within the manual system.
7. The Applicant further seeks a declaration that he has fully satisfied the decree and that any failure to release the funds are purely administratively and shall not be construed as default on the part of the Applicant.
8. This Court has carefully analyzed the Application, the grounds relied upon, the supporting affidavit and the annexures thereto and is satisfied that the Applicant herein did indeed deposit to the Judiciary’s Account, a sum of Kenya Shillings Two Hundred and Sixty-Three Thousand Four Hundred (Kshs. 263,400.00). There is an official receipt and acknowledgement of the said funds issued by the Judiciary.
9. This Court is further satisfied that the said amount fully settled the decree in Milimani Chief Magistrate’s Court Civil Case No. 5588 of 2014.
Orders
10. Consequently, this Court allows the Application dated 30 th April 2026 and hereby issues the following orders;
a) I hereby direct that the in charge of the Accounts Department, Milimani Law Courts, to forthwith trace, verify and reconcile the sum of Kenya Shillings Two Hundred and Sixty-Three Thousand, Four Hundred (Kshs. 263,400.00) deposited under Receipt No. DCA-0001566 within the manual system and thereafter to duly migrate, regularize, release and remit the said funds through the current Judiciary’s financial Management System to the Respondent’s Advocate on record in full and final satisfaction of the Decree.
b) Upon compliance, the in charge of the Accounts Department, Milimani Law Courts, to file and or present in this Court a report of compliance exhibiting the reconciliation undertaken and the evidence of release of the decretal sum to the Decree Holder not more than 30 days from this order.
c) A Declaration does issue that the Applicant has duly satisfied the Decree and that any failure to release the funds is purely administrative and shall not be construed as default on the part of the Applicant.
d) The Decree issued herein be effected without any further delay.
e) This matter shall remain under the supervisory jurisdiction of this Court for purposes of ensuring full implementation of these orders. The Applicant is at liberty to apply for further directions in the event of any difficulty in the implementation or non-compliance.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 29 TH OF JULY 2026
A.M. OKUTOYI
JUDGE
In the presence of:
Mr. Bruno for the Applicant
N/A for the Respondent
Court Assistant: Ms. Mokeira