1. Two motions are pending for the decision of this court.
2. Arising from the Motions, this court reckoned that significantly the issues raised in the motions concern post-judgment activities where counsel who has received money on behalf of a client is not being remitted to his client.
3. There is the issue of costs fees entitled to counsel and the balance.
4. During the cause of deliberations, it was realized that there is an undisputed figure of Kshs 105,000,000/- which ought to be released to the client. Two separate orders have been issued for the release of that money Kshs 75,000,000/- (orders of 14th July 2025) and Kshs 30,000/- (orders of 17th July 2025).
5. The Court was checking the compliance stats Kshs 75,000,000/- has already been wired to the provided account and that Kshs 30,000,000/- is yet to be wired. He expressed that his client Mr. Mburu needs a month or so to wire the said monies due to “challenges” with his account.
6. Mr. Anami is of the view that already there is disobedience of the court orders in place and suggests that Mr. Mburu ought to be summoned to this court to show cause why he cannot obey the orders in place.
7. In order to provide directions for the progression of this matter, will direct:
i) That Mr. Mburu provides a comprehensive affidavit detailing the amount he has already wired to the provided account that is Kshs 75,000,000/-
ii) In the said affidavit Mr. Mburu to provide reasons why Kshs 30,000,000/- cannot be wired to the account provided seeing that this is client’s money which needs to be secured in a client’s account.
iii) The said information be provided on or before Monday, 28th July 2025.
iv) In order to progress further the two pending applications-highlighting to happen on 28th July 2025.
8. Orders accordingly.
Dated, signed, and delivered in open court at Malindi on the 21st day of July, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Anami for the Decree Holder.
Mr. Muhuyu for the 2nd Respondent
Ms Lutta for the Defendant
Happy: Court Assistant
2. Arising from the Motions, this court reckoned that significantly the issues raised in the motions concern post-judgment activities where counsel who has received money on behalf of a client is not being remitted to his client.
3. There is the issue of costs fees entitled to counsel and the balance.
4. During the cause of deliberations, it was realized that there is an undisputed figure of Kshs 105,000,000/- which ought to be released to the client. Two separate orders have been issued for the release of that money Kshs 75,000,000/- (orders of 14th July 2025) and Kshs 30,000/- (orders of 17th July 2025).
5. The Court was checking the compliance stats Kshs 75,000,000/- has already been wired to the provided account and that Kshs 30,000,000/- is yet to be wired. He expressed that his client Mr. Mburu needs a month or so to wire the said monies due to “challenges” with his account.
6. Mr. Anami is of the view that already there is disobedience of the court orders in place and suggests that Mr. Mburu ought to be summoned to this court to show cause why he cannot obey the orders in place.
7. In order to provide directions for the progression of this matter, will direct:
i) That Mr. Mburu provides a comprehensive affidavit detailing the amount he has already wired to the provided account that is Kshs 75,000,000/-
ii) In the said affidavit Mr. Mburu to provide reasons why Kshs 30,000,000/- cannot be wired to the account provided seeing that this is client’s money which needs to be secured in a client’s account.
iii) The said information be provided on or before Monday, 28th July 2025.
iv) In order to progress further the two pending applications-highlighting to happen on 28th July 2025.
8. Orders accordingly.
Dated, signed, and delivered in open court at Malindi on the 21st day of July, 2025.
E. K. MAKORI
JUDGE
In the presence of:
Mr. Anami for the Decree Holder.
Mr. Muhuyu for the 2nd Respondent
Ms Lutta for the Defendant
Happy: Court Assistant