[2025] KEELRC 1359 (KLR)
The court held that the judgment is clear and unambiguous in providing for interest at court rates from the date of filing suit until payment in full. The applicable interest rate is the court rate as at the date of judgment, which is 12%. Any subsequent variation in court rates does not affect the judgment and...
Source-derived case information.
- Citation
- [2025] KEELRC 1359 (KLR)
- Parties
- Applicant: Solomon Akanga; Respondent: Capital Markets Authority
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Employment and Labour Relations Cause 1187 of 2014
- Procedural Posture
- Employment and Labour Cause / Post Judgment Clarification and Tabulation of Decretal Sum
- Outcome
- Application for clarification allowed; interest rate clarified; decree date confirmed.
- Judges
- MN Nduma
- Legal Topics
- Decretal Sum Tabulation, Interest on Judgment Debt, Civil Procedure Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Solomon Akanga
Applicant
Capital Markets Authority
Respondent
Procedural Posture
Employment and Labour Cause / Post Judgment Clarification and Tabulation of Decretal Sum
Legal Issues
- 1 Whether the court should clarify and correctly tabulate the amount due under the judgment dated 6/10/2022.
- 2 Whether the interest on the decretal sum is to be calculated from the date of filing suit or otherwise.
- 3 Whether the correct procedure was followed in extracting and executing the decree, including issuance of notice to show cause and sharing of decree.
Ratio Decidendi
The court held that the judgment is clear and unambiguous in providing for interest at court rates from the date of filing suit until payment in full. The applicable interest rate is the court rate as at the date of judgment, which is 12%. Any subsequent variation in court rates does not affect the judgment and decree dated 6/10/2022. The decree should bear the date of the judgment, and the warrants of attachment, though extracted later, do not alter the substantive rights as clarified in this ruling. The applicant's procedural objections regarding notice to show cause and extraction of the decree are mitigated by the court's clarification on the applicable interest and the correctness of...
Court Disposition
Application for clarification allowed; interest rate clarified; decree date confirmed.
Orders
- Interest for the entire decretal sum is payable at the court rate of 12% as at the date of judgment (6/10/2022) until payment in full.
- The decree shall bear the date of the judgment, 6th October 2022.
Full Case Text
Judgment text and source record
26 paragraphs
Akanga v Capital Markets Authority (Employment and Labour Relations Cause 1187 of 2014) [2025] KEELRC 1359 (KLR) (8 May 2025) (Ruling)
Neutral citation: [2025] KEELRC 1359 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Employment and Labour Relations Cause 1187 of 2014
MN Nduma, J
May 8, 2025
Between
Solomon Akanga
Claimant
and
Capital Markets Authority
Respondent
Ruling
1. In the application by the Applicant/Respondent dated 15/10/2024, the Respondent prays for orders that: -1. Spent2. spent3. The Honorable Court be pleased to correctly tabulate the amount due under the said judgment dated 6/10/2022. the judgment of the court at paragraph 44 states: -
2. In the final analysis, judgment is entered in favour of the Claimant against the Respondent as follows: -a.Kshs. 395,478. 00 in lieu of 3 months’ noticeb.Kshs. 395,478. 00 being the equivalent of 3 months’ salary in compensationc.Kshs. 13,826. 00 in lieu of leave days not taken. Total amount Kshs. 922,782,000. 00d.Interest at court rate from the date of filing suit till payment in full.e.Costs of the suit .
3. The Applicant raises the following issues:i.The judgment was delivered on 6/10/2022 and so any decree extracted ought to bear the same date of 6/10/2022 in terms of 0rder 21 R8 of Civil Procedure Rules.ii.That the execution is made more than a year since the decree was filed and so notice to show cause ought to be first issued in terms of 0rder 22 R18(1) (e) of Civil Procedure Rules.iii.That no decree has been extracted or shared with the Applicant prior to the execution in violation of 021 R8 (2) to (4) of Civil Procedure Rules.
4. That if the aforesaid procedure was followed, the Applicant would have used that opportunity to challenge the question of interest.
5. The court has considered matters raised for clarification by the parties and notes the following.
6. That section 26(1) of Civil Procedure Act provides as follows: -Where and in so far as a decree is for payment of money, the court may in the decree order interest at such rates as the court deems reasonable to be paid on the principal sum adjudged from the date of the suit to the date of decree in addition to any interest adjudged on such principal sum for any period before the institution of the suit.”
7. The judgment of the court is clear that interest on the principal sum is payable with interest at court rates from the date of filing suit till payment in full. the question of section 26(1) of the Civil Procedure Act does not arise therefore. The principle laid out in the case of CIC General Insurance Group Limited versus Marube (2022) KEHC 13668 (KLR) as cited by the Applicant is not applicable to the facts of this case.
8. Interest is payable on the principal amount from the date of filing suit till payment in full, period. No other interpretation may be derived from the express and clear judgment of the court as the Applicant purports to do. Only one interest rate, which is the current court rate at the time of judgment is applicable to the entire decretal sum.
9. The court finds that the decree should bear the date of the judgment which is 6th day of October 2022 which date is correctly reflected on the face of the decree.
10. The warrants of attachment are however dated 9th October 2024, the date the same were extracted. Any opportunity lost on the Applicant to challenge the interest payable is mitigated by the clarification in this Ruling that interest for the entire decretal sum is payable with interest at court rates applicable as at the date of the judgment which is 6th October 2022. Any variation on the court interest rates after the date of the judgment does not apply to the judgment and decree of the court dated 6/10/2022.
11. The interest rate applicable as at the date of judgment was 12% and is therefore the interest applicable to the entire decretal sum herein.It is so ordered.
DATED AT NAIROBI THIS 8TH DAY OF MAY 2025MATHEWS NDUMAJUDGEAppearance:Mr. Wakwaya for Judgment/Defendant ApplicantMr. Akanga for Defence/H RespondentMr. Kemboi – Court Assistant