[2017] KEELRC 749 (KLR)
The court found that the Objector, Kirinyaga University, is not a stranger to the proceedings as it took over the assets of Kirinyaga Technical Institute pursuant to the Kirinyaga University College Order, 2011. Clause 4 of the Order expressly provides for the automatic and full transfer of all rights, liabilities,...
Source-derived case information.
- Citation
- [2017] KEELRC 749 (KLR)
- Parties
- Applicant: Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and Allied Workers; Respondent: Board of Governors, Kirinyaga Technical Institute; Objector: Kirinyaga University
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 668 of 2010
- Procedural Posture
- Objection Application / Ruling on Objector's Notice of Motion for Stay and Lifting of Attachment
- Outcome
- Objection dismissed with costs to the Claimant. Interim orders vacated.
- Judges
- L Ndolo
- Legal Topics
- Execution of Decree, Objector Proceedings, Transfer of Liabilities, Attachment of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and Allied Workers
Applicant
Board of Governors, Kirinyaga Technical Institute
Respondent
Kirinyaga University
Objector
Procedural Posture
Objection Application / Ruling on Objector's Notice of Motion for Stay and Lifting of Attachment
Legal Issues
- 1 Whether the Objector is the legal and equitable owner of the attached goods and thus entitled to protection from execution.
- 2 Whether the transfer of assets from Kirinyaga Technical Institute to Kirinyaga University included the transfer of liabilities, making the Objector liable for the decree.
Ratio Decidendi
The court found that the Objector, Kirinyaga University, is not a stranger to the proceedings as it took over the assets of Kirinyaga Technical Institute pursuant to the Kirinyaga University College Order, 2011. Clause 4 of the Order expressly provides for the automatic and full transfer of all rights, liabilities, and assets from the Institute to the University College. The Objector, having admitted the nexus and historical continuity with the Respondent, cannot claim immunity from the liabilities attached to the assets it acquired. Therefore, the objection to the attachment and execution was without merit and was overruled. The interim orders staying execution were vacated, and costs...
Court Disposition
Objection dismissed with costs to the Claimant. Interim orders vacated.
Orders
- The Objector's application is dismissed.
- The interim orders granted on 20th March 2017 are vacated.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO 668 OF 2010
KENYA UNION OF DOMESTIC, HOTELS, EDUCATIONAL
INSTITUTIONS HOSPITALS AND ALLIED WORKERS…………......….CLAIMANT
VERSUS
BOARD OF GOVERNORS
KIRINYAGA TECHNICAL INSTITUTE………………….………….......RESPONDENT
KIRINYAGA UNIVERSITY………………….………………………………..OBJECTOR
RULING
1. This ruling relates to the Objector’s application brought by Notice of Motion dated 17th March 2017 and filed in court on 20th March 2017. The application, which is supported by an affidavit sworn by the Objector’s Legal Officer, Jane Ndegwa seeks the following orders:
a) Stay of execution of decree and resultant warrant of attachment and sale issued on 10th March 2017;
b) Lifting of the proclamation and attachment of motor vehicles registration number KCE 756D, KBW 091V and KBN 583E, plasma television, photocopier machine, students’ seats, office sofa sets, office desks, reception seats, coffee tables, filing cabinets, office computers, executive seat and executive desks proclaimed by Taifa Auctioneers on 13th March 2017.
2. The following are cited as grounds for the application:
a) The Objector is the equitable and legal owner of motor vehicles registration number KCE 756D, KBW 091V and KBN 583E, plasma television, photocopier machine, students’ seats, office sofa sets, office desks, reception seats, coffee tables, filing cabinets, office computers, executive seat and executive desks;
b) The above listed goods were not acquired by and are not owned by the Respondent;
c) It is in the interest of justice that the proclamation be lifted to protect the Objector from having its goods wrongfully attached and sold.
3. In its reply dated 31st March 2017, the Claimant states that pursuant to the Kirinyaga University College Order, 2011 the Objector took over the operations of Kirinyaga Technical Institute. The Claimant adds that clause 4 of the said Order provides for transfer of existing liabilities and assets from Kirinyaga Technical Institute to Kirinyaga University College.
4. The Objector’s case is premised on its legal and equitable interest in the proclaimed goods. There is however an admitted nexus between the Respondent and the Objector. The Court was referred to clause 4 of the Kirinyaga University College Order which states as follows:
“All rights and liabilities and assets held by or by any body on behalf of the Kirinyaga Technical Institute existing at the commencement of this Order, shall be automatically and fully transferred to the University College.”
5. Historical data appearing on the Objector’s website states that it has its roots in the Kirinyaga Technical Institute. In 2012, it became a constituent college of the Jomo Kenyatta University of Agriculture and Technology and in October 2016 it was granted a charter to operate as an independent university.
6. The effect of the foregoing is that the Objector is not a stranger to these proceedings. Having taken over the assets of the Kirinyaga Technical Institute, the Objector must also carry the liabilities of the former Institute. The objection is therefore without merit and is overruled with costs to the Claimant. The interim orders granted on 20th March 2017 are vacated.
7. Orders accordingly.
DATED SIGNED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 1STDAY OF SEPTEMBER 2017
LINNET NDOLO
JUDGE
Appearance:
Mr. Njiru (Union Representative) for the Claimant
Ms. Wahura for the Objector