https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2359

Munga & 11 others (Suing on their behalf and on behalf of 367 Employees of African Safari Club Limited) v African Safari Club Limited (In Liquidation) & 6 others (Cause 133 (N) of 2008) [2026] KEELRC 2359 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KEELRC 2359 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nairobi Cause 133 (N) of 2008 AK Nzei, J July 31, 2026 Between Alphonse Mwangeli Munga & 11 others & 11 others Applicant Suing on their behalf and on behalf of 367 Employees of African Safari Club Limited and African Safari Club Limited (In Liquidation) Respondent and Hanspeter Ruedin 1st Judgment debtor Roland Ruedin 2nd Judgment debtor Sheilla Nkatha 3rd Judgment debtor and Erdemann Property Limited 1st Affected Party Stephen Kimani Karuu t/a Kiriiyu Merchants Auctioneers (Now Deceased) 2nd Affected Party Frankk Neugebauer 3rd Affected Party Ruling 1.The application for determination before me is the Claimant’s Notice of Motion dated 23rd February, 2025, expressed to be brought under Sections 1A, 1B & 3A of the Civil Procedure Act, Order 51 of the Civil Procedure Rules, and all other enabling provisions of the law. Orders sought in the application are as follows:-(a)That the Court be pleased to hear the application on priority basis.(b)That the Court be pleased to enter Judgment in respect of the assessed costs against the Respondents, namely Hanspeter Ruedin, Roland Ruedin, Sheilla Nkatha Muthee, and the estate of Karl Jacob Ruedin (deceased), jointly and severally, in favour of the Claimant/Applicants for the sum of Kshs.5,266,359/= as assessed in Court of Appeal No. 314 of 2014 (Nairobi) and Kshs.933,420/= as assessed in ELC Petition No. 17 of 2017 (Mombasa), plus interest on costs at 14% as provided in the Civil Procedure Act and Rules from the date of Rulings of Taxation until payment in full, respectively.(c)That the Court be pleased to order the Respondents, namely Hanspeter Ruedin, Roland Ruedin, Sheilla Nkatha Muthee and the estate of Karl Jacob Ruedin, jointly and severally, to pay the Claimant/Applicants the costs amounting to Kshs.5,266,359/= as assessed in Court of Appeal No. 314 of 2014 (Nairobi) and Kshs.933,420/= as assessed in ELC Petition No. 17 of 2017 (Mombasa), respectively, within 30 days of entry of Judgment for costs, plus interest on costs at 14% as provided in the Civil Procedure Act and Rules from the date of the Rulings of Taxation until payment in full. 2.The application sets out on its face the grounds on which it is brought, which grounds are substantially replicated in the supporting affidavit of Henry Kurauka Advocate sworn on 23rd February in support of the application. 3.It is deponed in the said affidavit:-(a)that the Respondents have blatantly refused, failed and neglected to pay costs assessed [by] the Taxing Masters.(b)that the applicants seek entry of Judgment in respect of the assessed costs against the Respondents, namely Hanspeter Ruedin, Roland Ruedin, Sheilla Nkatha Muthee and the estate of Karl Jacob Ruedin, jointly and severally, in favour of the Claimant/Applicants for sums of Kshs.5,266,359/= as assessed in Court of Appeal No. 314 of 2014 (Nairobi) and Kshs.933,420/= as assessed in ELC Petition No. 17 of 2017 (Mombasa), respectively, plus interest on costs at 14% as provided in the Civil Procedure Act and Rules from the date of the Rulings of Taxation until payment in full, respectively thereof.(c)that the Applicants persuade the Court to order the Respondents to pay the aforestated costs within 30 days of entry of Judgment.(d)that the Applicants are apprehensive that some Respondents may be flight risks, and may disappear from the Jurisdiction of this Court.(e)that the Court must down its tools against a party who abuses Court process by filing multiple suits in pursuant of the same cause of action and one substratum thereof.(f)that the Court of Appeal in Nairobi issued an order dated 19th May, 2016 that dismissed with costs appeal case No. 314 of 2014, and that costs were subsequently assessed by the Taxing Master at Kshs.5,266,359/=.(g)that further, the Respondents filed ELC Petition No. 17 of 2014 (Mombasa), which was dismissed with costs, and the Applicants bill of costs subsequently taxed at Kshs.933,420/=. That the Respondents have never filed any application or reference challenging the said taxation, and ought to be ordered to pay the same to the Applicants.(h)that the Respondents’ application for certification to appeal to the Supreme Court from the Judgment and decree of the Court of Appeal of Kenya at Mombasa delivered on 12th July, 2024 was dismissed with costs to the Claimant/Applicants, vide a Ruling delivered on 21st February, 2025 at Mombasa.(i)that unless the application is allowed, the Applicants will not enjoy the fruits of their said Judgments and Court decisions. 4.The Respondents filed grounds of opposition dated 14th October, 2025 in opposition to the application. 5.On or about 3rd December, 2025, the Claimant/Applicants, through their Counsel herein, filed a Notice of Withdrawal, dated 3rd December, 2025, withdrawing their application dated 23rd February, 2025 as against Sheila Nkatha Muthee, with no order as to costs. 6.Written submissions were filed for and against the application pursuant to the Court’s directions in that regard. 7.Having considered the application, the affidavit sworn in support thereof and documents thereto annexed, and the grounds of opposition filed, issues that fall for determination, in my view, are:-(a)Whether this Court is seized of Jurisdiction to entertain, to hear/consider and to determine the Claimant/Applicant’s Notice of Motion dated 23rd February, 2025.(b)Whether the orders sought can issue. 8.On the first issue, documents annexed to the affidavit sworn in support of the application herein include copies of the following documents, among others:-(a)a Judgment of the Court of Appeal in Civil Appeal No. 314 of 2014 (Nairobi), delivered on 19th May, 2016, dismissing the Respondent’s said appeal with costs.(b)a duly extracted decree of the Court of Appeal in civil appeal case No. 314 of 2014 (Nairobi).(c)a copy of the Court of Appeal Deputy Registrar’s Ruling on Taxation dated on 8th December, 2016, taxing the Claimant/Applicants’ Costs (in Nairobi Court of Appeal Civil Appeal No. 314 of 2014) at Kshs.5,266,359/=.(d)two certificates of costs for Kshs.633,420/= and Kshs.300,000/= respectively, both dated 10th July, 2020 and issued in Environment and Land Court Petition No. 17 of 2017 (Mombasa). 9.This Court, being a specialized Court, has Jurisdiction to execute Judgments/decrees of the Court of Appeal regarding appeals arising from its decrees. Section 4 of the Appellate Jurisdiction Act (Cap. 9) Laws of Kenya provides as follows:-“4.Any Judgment of the Court of Appeal given in exercise of its Jurisdiction under this Act may be executed and enforced as if it were a Judgment of the High Court”. 10.The term High Court in the foregoing context refers to this Court, as well, pursuant to Article 162(2)(a) of the Constitution of Kenya 2010. Court of Appeal Civil Appeal Case No. 314 of 2014 (Nairobi) was an appeal from the Ruling of this Court (Nduma, J) dated 11th July, 2014. The said appeal was dismissed with costs vide the Court of Appeal’s Judgment delivered on 19th May, 2016 as already stated in this Ruling. The costs subsequently taxed by the said Court’s Deputy Registrar are a component of the said Court’s Judgment/decree; which can be executed and/or enforced by this Court as if it were its Judgment. 11.In my view, all that the Claimant/Applicants need to do is to file in this Court, and in the cause from which the dismissed appeal arose, certified copies of the Court of Appeal’s said Judgment, a certified copy of the Court of Appeal Deputy Registrar’s Ruling on Taxation delivered on 8th December, 2016, and/or a certificate of costs; and to thereupon take out execution proceedings in accordance with provisions of the Civil Procedure Rules. 12.Section 13 of the Employment and Labour Relations Court Act provides as follows:-“13.A Judgment, award, order or decree of the Court shall be enforceable in accordance with the Rules made under the Civil Procedure Act”. 13.Rule 73(2) of the Employment and Labour Relations Court Procedure Rules 2024 provides as follows:-“(2)Rules on execution or stay of execution of an order or decree of the Court shall be in accordance with the Civil Procedure Rules”. 14.It is clear from the foregoing that execution of a Judgment or decree of the Court of Appeal is carried out in accordance with the trial Court’s procedures; in the present case, the Civil Procedure Rules. The procedural framework applicable in execution proceedings is found in Order 22 of the Civil Procedure Rules. 15.In view of all the foregoing, this Court is seized of Jurisdiction to entertain, to hear and to determine the Claimant/Applicants’ present application, but only to the extend that the same regards execution of the Court of Appeal’s Judgment/decree in Civil Appeal No. 314 of 2014 (Nairobi). 16.In the contrary, this Court has no Jurisdiction to entertain the present application to the extend that the same relates to enforcement and/or execution of a decree issued by the Environment and Land Court (ELC). Such decrees, rulings and/or orders, as well as those issued by the Court of Appeal in appeals arising from decisions of the ELC, ought to be presented to the ELC for execution pursuant to Article 162(2)(b) of the Constitution of Kenya 2010, the Civil Procedure Rules and the said Court’s Rules of Procedure. Superior Courts cannot be called upon to usurp the Jurisdiction of each other. 17.As stated by Supreme Court of Kenya in the case of Samuel Kamau Macharia & Another – vs – Kenya Commercial Bank Limited & 2 Others [2012] eKLR:-“A Court’s Jurisdiction flows from either the Constitution or legislation or both. Thus, a court of law can only exercise Jurisdiction as conferred by the Constitution or other written law, and cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by law . . . whether a court of law has jurisdiction to entertain a matter before it . . . goes to the very heart of the matter, for without Jurisdiction, the Court cannot entertain any proceedings.” 18.To the extend that the Claimant/Applicants’ Notice of Motion dated 23rd February, 2025 seeks orders regarding execution of the ELC’s decree issued in Mombasa ELC Petition No. 17 of 2017 and/or recovery of costs taxed thereupon, the application is incompetent, and must be struck off. Let the Claimant/Applicants take out execution proceedings regrading recovery of the said ELC costs in the ELC Court at Mombasa. 19.On recovery of the costs awarded in Nairobi Court of Appeal civil appeal No. 314 of 2014 (Kshs.5,266,359/=), the Claimant/Applicants may take out execution proceedings as stated in this Ruling. 20.On interest, I have perused the Court of Appeal’s decision in Nairobi Civil Appeal No. 314 of 2014, and I have noted that the Court of Appeal did not award interest on costs. 21.Orders sought in the application herein cannot issue. 22.In sum, and having considered written submissions filed herein, the Notice of Motion dated 23rd February, 2025 must fail, and is hereby struck off, with no order as to costs. 23.It is so ordered. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 31ST DAY OF JULY 2026AGNES KITIKU NZEIJUDGEOrderThis Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of the applicable Court fees.AGNES KITIKU NZEIJUDGEAppearance:Mr. Kurauka for the Claimant/ApplicantsMiss Muyaa for the RespondentMr. Clapton for 1st Interested Party