[2021] KEELRC 438 (KLR)
The court adopted the consent of the parties as an order of the court, staying execution of the judgment on condition that the respondent pays the reduced decretal sum of Kshs 800,000 in agreed instalments. The consent further provided that upon full payment, the matter would be marked as fully settled with no...
Source-derived case information.
- Citation
- [2021] KEELRC 438 (KLR)
- Parties
- Claimant: Job Mukhebi Mutoro; Respondent: Kitale Vocational Training Centre
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 289 of 2016
- Procedural Posture
- Employment Cause / Post Judgment; Application for Stay and Settlement of Decretal Sum
- Outcome
- Consent adopted as order of the court; execution stayed on terms; matter to be marked settled upon full payment.
- Legal Topics
- Judgment Execution, Settlement by Consent, Instalment Payment, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Job Mukhebi Mutoro
Claimant
Kitale Vocational Training Centre
Respondent
Procedural Posture
Employment Cause / Post Judgment; Application for Stay and Settlement of Decretal Sum
Legal Issues
- 1 Whether execution of the judgment should be stayed pending settlement of the decretal sum.
- 2 Whether the judgment sum should be reviewed and settled by consent in instalments.
- 3 What orders should issue in the event of default in payment of instalments.
Ratio Decidendi
The court adopted the consent of the parties as an order of the court, staying execution of the judgment on condition that the respondent pays the reduced decretal sum of Kshs 800,000 in agreed instalments. The consent further provided that upon full payment, the matter would be marked as fully settled with no further claim for interest, but in default of any instalment, the claimant would be at liberty to execute for the entire remaining balance plus interest. The court's decision was grounded on the principle that parties are bound by their consent and the court may adopt such consent as its order, especially in post-judgment settlement scenarios.
Court Disposition
Consent adopted as order of the court; execution stayed on terms; matter to be marked settled upon full payment.
Orders
- Stay of execution granted on condition of payment of Kshs 800,000 in instalments as per consent.
- Upon full payment, matter to be marked as fully settled with no further claim for interest.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 289 OF 2016
JOB MUKHEBI MUTORO..................................................CLAIMANT
v
KITALE VOCATIONAL TRAINING CENTRE..........RESPONDENT
RULING NO. 2
1. On 5 May 2021, Job Mukhebi Mutoro (the Claimant) caused the Deputy Registrar to issue a Notice to Show Cause why Execution should not Issue against Kitale Vocational Training Centre (the Respondent). The return date was 25 May 2021.
2. On 24 May 2021, the Respondent filed a Motion seeking orders staying execution of the judgment and to be allowed to liquidate the decretal sum through monthly instalments.
3. When the Notice to Show Cause and the Motion came up for directions on 25 May 2021, the Court requested the parties to attempt out of court settlement, but they could not agree.
4. The Court therefore directed the Claimant to file a response to the Motion and further that the parties file and exchange submissions.
5. However, on 3 June 2021, the parties filed a consent in the following terms:
(1) THAT by consent of both parties there be stay of execution in this matter against the Respondent on the following conditions.
(2) THAT by consent of both parties herein the judgment entered for the Claimant against the Respondent herein be and is hereby reviewed and reduced to Kshs 800,000/- (Eight hundred thousand only) all inclusive.
(3) THAT the said amount be liquidated in the following instalments:
(a) Kshs 250,000/- (Two hundred and fifty thousand only) on or before 30th June 2021.
(b) Kshs 100,000/- (One hundred thousand only) on or before 30th October 2021.
(c) Kshs 100,000/- (One hundred thousand only) on or before 31st January 2022.
(d) Kshs 100,000/- (One hundred thousand only) on or before 30th May 2022.
(e) Kshs 100,000/- (One hundred thousand only) on or before 30th September 2022.
(f) Kshs 100,000/- (One hundred thousand only) on or before 31st January 2023.
(g) Kshs 50,000/- (Fifty thousand only) on or before 30th May 2023.
(4) THAT upon full payment of the said Kshs 800,000/- in the agreed instalments, this matter be marked as fully settled and there will be no further claim in terms of interest by the Claimant.
(5) THAT in default of payment of any one instalment as agreed above, the Claimant be at liberty to execute for the entire remaining balance plus interest.
6. The Court hereby adopts the consent by the parties as an order of the Court.
DELIVERED THROUGH MICROSOFT TEAMS, DATED AND SIGNED IN KISUMU ON THIS 17TH DAY OF NOVEMBER 2021.
Radido Stephen, MCIArb
Judge
Appearances
For Claimant in person
For Respondent Okile & Co. Advocates
Court Assistant Chrispo Aura