https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2008

Mwithimbu & 80 others v Ruiru Farmers Co-operative Society Limited (Employment and Labour Relations Cause E013 of 2026) [2026] KEELRC 2008 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEELRC 2008 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Meru Employment and Labour Relations Cause E013 of 2026 SC Rutto, J July 8, 2026 Between Constantine Muuna Mwithimbu & 80 others & 80 others & 80 others Claimant and Ruiru Farmers Co-operative Society Limited Respondent Ruling 1.Before this Court for determination is the Notice of Motion dated 22nd April 2025, brought pursuant to Order 22 Rules 48, 56, 57, 64 and 68, and Order 51 Rule 1 of the Civil Procedure Rules. Through the application, the Claimants/Applicants seek the following orders:a.Spent.b.That an order be issued approving the attached conditions of sale and that Clear Real Auctioneers be authorized to conduct the sale.c.That a prohibitory order be issued and the same be registered against the Respondent’s four (4) plots, L.R Nos. KIIRUA/RUIRI/8902, 8903,8904 & 8905 and the Land Registrar, Meru Central District to ensure compliance.d.That the costs of the application be borne by the Respondent. 2.The application is supported by the Affidavit of the 1st Claimant, Constantine Muuna Mwithimbu, sworn on 22nd April 2025. 3.Mr. Mwithimbu deposes that he has sworn the affidavit on his own behalf and on behalf of the other Claimants. 4.He avers that the Claimants are the decree holders in this matter and that the Respondent remains indebted to them in the sum of Kshs 5,278,292/-. 5.He further deposes that, in compliance with the orders issued by the Court in Meru ELRCC No. 50 of 2018, the subdivision and valuation of the Respondent's nineteen (19) plots excised from the original L.R. No. Kiirua/RUIRI/5455 have been completed by the Government Surveyor and Government Valuer. 6.According to Mr. Mwithimbu, the process has now reached the stage where approximately four (4) of the subdivided plots, collectively valued at about Kshs 6,000,000/- by the Government Valuer, ought to be sold by public auction to satisfy the decretal sum. 7.He further avers that the Respondent, through its minutes dated 9th October 2024, resolved that the plots be sold in order to settle the outstanding debts owed to its creditors. 8.Despite being served with the application, the Respondent did not file any response thereto. Submissions 9.The application was canvassed by way of written submissions. The 6th and 8th Claimants filed submissions, which the Court has duly considered. Analysis and Determination 10.Having considered the application, the supporting affidavit, and the written submissions on record, the Court finds that the sole issue falling for determination is whether the Notice of Motion is merited. 11.Through the instant Motion, the Claimants seek approval of the conditions of sale and authorization of Clear Real Auctioneers to conduct the sale of the Respondent's property. They further seek prohibitory orders against the Respondent's parcels of land known as L.R. Nos. Kiirua/Ruiri/8902, 8903, 8904 and 8905. 12.The record bears that, by an order issued in Nyeri ELRCC No. 50 of 2018, the Court directed that the Respondent's parcel of land, L.R. No. Kiirua/Ruiri/5455, be subdivided into nineteen (19) portions, with some of the resultant parcels to be sold in satisfaction of the decretal sum. The Court further directed that, upon subdivision, the County Valuer undertake a valuation of each of the individual parcels. It is evident that the parcels referenced in the present application are among those resulting from the said subdivision. 13.In support of the instant application, the Claimants have produced a valuation report dated 8th August 2024 setting out the assessed value of each of the nineteen (19) subdivided plots. 14.However, the Claimants have not placed before the Court the conditions of sale for which they seek approval. Equally absent is evidence demonstrating that the proposed auctioneer, Clear Real Auctioneers, is duly licensed, the category of licence it holds, and that it is in good standing with the Auctioneers Licensing Board to undertake the proposed sale. 15.What’s more, the Court notes that the decree sought to be executed has not been placed on the record. The omission is material, as the decree forms the foundation of the execution process. 16.In the absence of the proposed conditions of sale, evidence of the qualifications and licensing of the intended auctioneer, and, most significantly, the decree sought to be executed, the Court is not satisfied that a proper basis has been laid for the grant of the orders sought. 17.Consequently, the Notice of Motion dated 22nd April 2025 is declined with no order as to costs. DATED, SIGNED AND DELIVERED AT MERU THIS 8TH DAY OF JULY 2026.………………………………STELLA RUTTOJUDGEIn the presence of:No appearance for the 6th and 8th Claimants/ApplicantsMs. Kajuju instructed by Mwenda Mwarani for the RespondentNdati Court AssistantORDERIn view of the declaration of measures restricting court operations due to the COVID-19 pandemic and in light of the directions issued by His Lordship, the Chief Justice on 15th March 2020 and subsequent directions of 21st April 2020 that judgments and rulings shall be delivered through video conferencing or via email. They have waived compliance with Order 21 Rule 1 of the Civil Procedure Rules, which requires that all judgments and rulings be pronounced in open court. In permitting this course, this court had been guided by Article 159(2)(d) of the Constitution which requires the court to eschew undue technicalities in delivering justice, the right of access to justice guaranteed to every person under Article 48 of the Constitution and the provisions of Section 1B of the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which impose on this court the duty of the court, inter alia, to use suitable technology to enhance the overriding objective which is to facilitate just, expeditious, proportionate and affordable resolution of civil disputes.STELLA RUTTOJUDGE