1. I have considered the application dated 27th May, 2024 together with the affidavit sworn in support on even date, the submissions of the parties and the applicable law.
2. The applicant submitted that the judgment debtor was not able to make payment required as condition for stay issued by the court. He was accordingly committed to civil jail.
3. The applicant seeks to discharge the committal order on the basis that the applicant’s accounts have been depleted and he is not able to settle the outstanding debt in his current condition. Counsel submitted that he will be unable to raise income if his committal continues.
4. Counsel submitted that the family of the applicant have paid the sum of Kshs 50,000 to the decree holder in good faith and in support of the present application.
5. In opposition to the application, the respondent submitted that it had not filed a reply to the application until this morning, during court proceedings, because it had not been served with the present application. Counsel for the applicant was unable to state whether or not service of the same had been effected.
6. Having taken the above into account, I am of the view the applicant ought to be released based on conditions.
7. As a condition for his release, counsel for the applicant offered to pay the decree holder the sum of Kshs 25,000 a month, every month, until the debt had been repaid in full. Counsel submitted that the said amount was a portion of his monthly salary, which was Kshs 40,000 a month. The same was opposed by counsel for the respondent on the basis that the sum was too low.
8. Noting that there was no evidence before the court to show what the applicant's actual salary is, I exercise my discretion and I find that a payment to the decree holder of Kshs 30,000 a month, every month, going forward, is sufficient as a condition for his immediate release.
9. Prayer No 3 is accordingly granted based on the above said condition, and the said amount shall be paid to the decree holder at the end of this month.
10. The applicant shall share the receipt in respect of the Kshs 50,000 it submitted it had paid to the decree holder with the decrree holder by close of the day.
11. Parties shall continue to engage in respect of a further payment plan relating to the balance due to the decree holder.
12. The judgment debtor shall surrender his passport to the court within one day of his release.
Mention for further directions 19th June 2024.