[2016] KEELRC 571 (KLR)
The court found that although the 2nd respondent generated significant revenue in 2015, it made a net loss after expenses. The court determined that it was just and equitable to allow the 2nd respondent to pay the decretal balance in instalments to avoid jeopardizing its business and the employment of other staff,...
Source-derived case information.
- Citation
- [2016] KEELRC 571 (KLR)
- Parties
- Applicant: Boaz Ogweno; Applicant: Mutheu Musee; Applicant: Harrison Musyimi; Applicant: Jacob Mutisya; Applicant: Gabriel Munyao; Applicant: Ayub Malova; Applicant: John Maleve; Applicant: Jonathan Muchusu Maketi; Applicant: David Mutuku; Applicant: Joseph Kitima; Applicant: Joshua Mwau; Applicant: John Mbevi; Applicant: Jacob Kithokoi; Applicant: Justus Otieno Omenda; Applicant: Peter Onyango Ogolla; Applicant: Boniface Kiio; Applicant: Fredrick Kitili; Applicant: Samson Nthiani; Applicant: Evans Onyango Omendi; Applicant: Cyprian Angatia Shango; Applicant: Collins Kyallo Muli; Applicant: Brian Kathuku; Applicant: Joshua Katumo; Applicant: Francis Mwema; Respondent: The Managing Director, Bakers Choice and Confectionary Limited; Respondent: Bakers Choice and Confectionary Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 757N of 2009
- Procedural Posture
- Employment Cause / Post Judgment, Application for Payment by Instalments and Stay of Execution
- Outcome
- Application for payment by instalments allowed; execution stayed on condition of compliance.
- Legal Topics
- Instalment Payment of Debt, Stay of Execution, Judgment Enforcement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Boaz Ogweno
Applicant
Mutheu Musee
Applicant
Harrison Musyimi
Applicant
Jacob Mutisya
Applicant
Gabriel Munyao
Applicant
Ayub Malova
Applicant
John Maleve
Applicant
Jonathan Muchusu Maketi
Applicant
David Mutuku
Applicant
Joseph Kitima
Applicant
Joshua Mwau
Applicant
John Mbevi
Applicant
Jacob Kithokoi
Applicant
Justus Otieno Omenda
Applicant
Peter Onyango Ogolla
Applicant
Boniface Kiio
Applicant
Fredrick Kitili
Applicant
Samson Nthiani
Applicant
Evans Onyango Omendi
Applicant
Cyprian Angatia Shango
Applicant
Collins Kyallo Muli
Applicant
Brian Kathuku
Applicant
Joshua Katumo
Applicant
Francis Mwema
Applicant
The Managing Director, Bakers Choice and Confectionary Limited
Respondent
Bakers Choice and Confectionary Limited
Respondent
Procedural Posture
Employment Cause / Post Judgment, Application for Payment by Instalments and Stay of Execution
Legal Issues
- 1 Whether the 2nd respondent should be allowed to pay the decretal balance in instalments.
- 2 Whether execution of the decree should be stayed pending payment in instalments.
- 3 How to balance the claimants' right to enjoy the fruits of judgment with the respondent's financial position.
Ratio Decidendi
The court found that although the 2nd respondent generated significant revenue in 2015, it made a net loss after expenses. The court determined that it was just and equitable to allow the 2nd respondent to pay the decretal balance in instalments to avoid jeopardizing its business and the employment of other staff, while also ensuring that the claimants ultimately receive their judgment dues. The court therefore ordered payment in equal instalments of Kshs.200,000 until full satisfaction of the decree, with execution to issue in case of default. This approach maintains a balance between the claimants' right to enforcement and the respondent's financial realities.
Court Disposition
Application for payment by instalments allowed; execution stayed on condition of compliance.
Orders
- The 2nd respondent to pay the balance of the decretal amount in equal instalments of Kshs.200,000 from the date of this ruling until payment in full.
- In default of any one instalment, execution to issue.
Full Case Text
Judgment text and source record
44 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT OF KENYA AT NAIROBI
CAUSE NO. 757N OF 2009
BOAZ OGWENO ……….........………………...… 1ST CLAIMANT
MUTHEU MUSEE ………….…………………….. 2ND CLAIMANT
HARRISON MUSYIMI ………..………………….. 3RD CLAIMANT
JACOB MUTISYA …………..….…..…………….. 4TH CLAIMANT
GABRIEL MUNYAO ………..……………….…… 5TH CLAIMANT
AYUB MALOVA ………….….…..…………….… 6TH CLAIMANT
JOHN MALEVE ……………………………….… 7TH CLAIMANT
JONATHAN MUCHUSU MAKETI ……………… 8TH CLAIMANT
DAVID MUTUKU ……………..……………...….. 9TH CLAIMANT
JOSEPH KITIMA ………………………….…… 10TH CLAIMANT
JOSHUA MWAU ………………………….……. 11TH CLAIMANT
JOHN MBEVI ……………………….……….… 12TH CLAIMANT
JACOB KITHOKOI ……………………….……. 13TH CLAIMANT
JUSTUS OTIENO OMENDA …………………… 14TH CLAIMANT
PETER ONYANGO OGOLLA …..……………… 15TH CLAIMANT
BONIFACE KIIO …………………..……………. 16TH CLAIMANT
FREDRICK KITILI ……………………………… 17TH CLAIMANT
SAMSON NTHIANI ……………..…..………….. 18TH CLAIMANT
EVANS ONYANGO OMENDI …..……..………. 19TH CLAIMANT
CYPRIAN ANGATIA SHANGO …...………..…. 20TH CLAIMANT
COLLINS KYALLO MULI ………….………….. 21ST CLAIMANT
BRIAN KATHUKU ……………….....………….. 22ND CLAIMANT
JOSHUA KATUMO ……………...……………. 23RD CLAIMANT
FRANCIS MWEMA ……………………………. 24TH CLAIMANT
VERSUS
THE MANAGING DIRECTOR, BAKERS
CHOICE AND CONFECTIONARY
LIMITED …………………………………….... 1ST RESPONDENT
BAKERS CHOICE AND
CONFECTIONARY LIMITED ……..…………. 2ND RESPONDENT
RULING
1. The 2nd respondent is the judgment debtor in this suit pursuant to the judgment of court dated 28th January 2016 and seeks to be allowed to pay the balance of the decretal amount in eleven (11) instalments of Kshs.100,000 until payment in full and the court meanwhile stop the execution of the decree of the court dated 13th June 2016.
2. The court has considered the submissions by both parties and has perused audited financial statement of the 2nd respondent for the year ended 31st December 2015 and has come to the conclusion that though the 2nd respondent generated revenue of Kshs.146,568,500 in the year 2015, the company made net loss of Kshs.948,106 after all expenses were factored.
3. It is therefore in the interest of justice and fair play that the claimants enjoy the fruits of their judgment while at the same time, the 2nd respondent continues to do business and keeps in employment many other employees.
4. In this light the court has to help maintain this delicate balance to ensure that the intended attachment is not proceeded on while at the same time the 2nd respondent discharges its obligation to the decree creditors.
5. Accordingly, the court makes the following orders;
The 2nd respondent to pay the balance of the decretal amount in equal instalments of Kshs.200,000 from the date of this ruling till payment in full.
In default of any one instalment, execution to issue.
Dated and delivered at Nairobi this 7th day of October, 2016
MATHEWS NDERI NDUMA
PRINCIPAL JUDGE