[2016] KEELRC 607 (KLR)
The court held that the substance of its earlier ruling was for the half decretal sum to be released to the claimant within 10 days unless otherwise ordered by the Court of Appeal. The mode of release—whether to the claimant or the advocate—did not affect the substance of the order. The only impediment to release...
Source-derived case information.
- Citation
- [2016] KEELRC 607 (KLR)
- Parties
- Claimant: Jacob Joseph Onyango; Respondent: John Ndungu Mureithi
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 229 of 2014
- Procedural Posture
- Employment Cause / Ruling on Clarification of Release of Deposited Funds
- Outcome
- clarification granted; funds to be released to claimant's advocate
- Legal Topics
- Release of Decretal Sum, Court Orders Enforcement, Stay of Execution, Advocate Payment Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Joseph Onyango
Claimant
John Ndungu Mureithi
Respondent
Procedural Posture
Employment Cause / Ruling on Clarification of Release of Deposited Funds
Legal Issues
- 1 Whether the court should clarify its previous order to allow release of deposited funds to the claimant's advocate instead of the claimant directly.
- 2 Whether a formal application for review is necessary for such clarification.
Ratio Decidendi
The court held that the substance of its earlier ruling was for the half decretal sum to be released to the claimant within 10 days unless otherwise ordered by the Court of Appeal. The mode of release—whether to the claimant or the advocate—did not affect the substance of the order. The only impediment to release was prudent audit/account requirements. Therefore, the court clarified its order to allow the funds to be released to the claimant's advocate to facilitate compliance with administrative procedures without altering the substantive rights of the parties.
Court Disposition
clarification granted; funds to be released to claimant's advocate
Orders
- The amount deposited into court is to be released to the claimant's advocate.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 229 OF 2014
JACOB JOSEPH ONYANGO..............CLAIMANT
V
JOHN NDUNGU MUREITHI.............. RESPONDENT
RULING NO. 4
[1] In a ruling delivered on 23 September 2016, the Court ordered that Kshs 1,403,261/- which had been deposited into Court as a condition for grant of stay of execution by the Respondent be released to the Claimant.
[2] The Claimant’s advocate caused the file to be mentioned on 30 September 2016 in order to seek a clarification.
[3] According to the Claimant’s advocate, the Courts cash office had informed her that a cheque could only be issued in the name of the Claimant and not in his advocates name, as that could lead to audit queries. She sought for an order to have the order clarified so that the funds could be released to the firm of advocates.
[4] The Respondent’s advocate opposed the issuance of any order on the basis of clarification and contended that a formal application for review should be filed.
[5]Counsel also stated that she had already filed a Notice of Appeal as well as an application for stay pending appeal before the Court of Appeal.
[6]The substance of the Court’s ruling was that the half decretal sum be released to the Claimant within 10 days unless the Court of Appeal decided otherwise.
[7] Whether the sum is released to the Claimant’s advocate or not will not affect the substance of the ruling. The release has only been impeded by prudent audit/account requirements.
[8]The Court will therefore order that the amount deposited into Court be released to the Claimant’s advocate.
Delivered, dated and signed in Nakuru on this 3rd day of October 2016.
Radido Stephen
Judge
Appearances
For Claimant Mrs. Ndeda instructed by Ndeda & Associates
For Respondent Ms. Mukira instructed by Elizabeth Wangari & Co. Advocates
Court Assistant Daisy