[2022] KEELRC 13019 (KLR)
The court held that the Respondent had ample time since the judgment in 2018 to settle the decretal sum, which comprised salary arrears protected under section 17 of the Employment Act. Allowing payment by instalments six years after the salaries became due would perpetuate the violation of the Claimant's statutory...
Source-derived case information.
- Citation
- [2022] KEELRC 13019 (KLR)
- Parties
- Applicant: Jane Wambui Macharia; Respondent: Presbyterian University of East Africa
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 317 of 2016
- Procedural Posture
- Employment Cause / Ruling on Post Judgment Applications
- Outcome
- Applications for payment by instalments and release of attached motor vehicle dismissed; leave granted for new advocate to come on record; costs to Claimant.
- Judges
- J Rika
- Legal Topics
- Salary Arrears, Instalment Payments, Advocate Change, Execution of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Wambui Macharia
Applicant
Presbyterian University of East Africa
Respondent
Procedural Posture
Employment Cause / Ruling on Post Judgment Applications
Legal Issues
- 1 Whether the Respondent should be allowed to liquidate the decretal sum in monthly instalments.
- 2 Whether leave should be granted for a new advocate to come on record for the Respondent.
- 3 Whether the attached motor vehicle should be released to the Respondent.
Ratio Decidendi
The court held that the Respondent had ample time since the judgment in 2018 to settle the decretal sum, which comprised salary arrears protected under section 17 of the Employment Act. Allowing payment by instalments six years after the salaries became due would perpetuate the violation of the Claimant's statutory rights. Furthermore, the Respondent failed to provide financial records to substantiate its alleged inability to pay the full amount. The court therefore dismissed the applications for payment by instalments and for release of the attached motor vehicle, but granted leave for the new advocate to come on record. Costs were awarded to the Claimant.
Court Disposition
Applications for payment by instalments and release of attached motor vehicle dismissed; leave granted for new advocate to come on record; costs to Claimant.
Orders
- Leave is granted to Mr. Mungania to come on record for the Respondent.
- The two applications filed by the Respondent are otherwise dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
Macharia v Presbyterian University of East Africa (Cause 317 of 2016) [2022] KEELRC 13019 (KLR) (13 October 2022) (Ruling)
Neutral citation: [2022] KEELRC 13019 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 317 of 2016
J Rika, J
October 13, 2022
Between
Jane Wambui Macharia
Claimant
and
Presbyterian University of East Africa
Respondent
Ruling
1. There are two Applications filed by the Respondent, dated 22. 9.2022 and 29. 9.2022 respectively.
2. The Respondent’s Advocates seek leave to come on record for the Respondent, and seek to be allowed to have the decretal sum liquidated in monthly instalments of Kshs. 500,000.
3. The last Application is that a motor vehicle belonging to the Respondent, attached on 28. 9.2022, is released by the Auctioneer to the Respondent.
4. The Applications are opposed.
The court finds 5. The Application seeking to have Mr. Mungania on record for the Respondent, has been served on the previous Advocates. There is no objection filed by any of the Advocates. Mr. Mungania is granted leave to appear for the Respondent.
6. On leave to liquidate the decretal sum by instalments, the Court has considered that Judgment was delivered in October 2018 – some 4 years ago. The Respondent had adequate time to liquidate the decretal sum from 2018.
7. The debt comprises Claimant’s salaries, which ought to have been paid as and when they fell due, under section 17 of the Employment Act. The Respondent took away the protection granted to the Claimant’s salary under section 17, and to grant an order, requiring the Claimant to receive his salary arrears in instalments, 6 years after the salary became due, would be in further violation of the protection granted under section 17.
8. Lastly, the Respondent has not provided financial records, to establish prolonged inability to pay.It is ordered: -a.Leave is granted to Mr. Mungania to come on record for the Respondent.b.The two Applications filed by Respondent are otherwise dismissed.c.Costs to the Claimant.
DATED, SIGNED AND RELEASED THE PARTIES ELECTRONICALLY, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, AT NAIROBI, THIS 13TH DAY OF OCTOBER, 2022. JAMES RIKAJUDGE