[2016] KEELRC 1256 (KLR)
The court found that the claimant had obtained a valid judgment for Kshs 2,016,428.80 against the respondents, which remained unsatisfied. The claimant properly invoked garnishee proceedings by identifying specific bank accounts held by the respondents and serving the application on all relevant parties, including...
Source-derived case information.
- Citation
- [2016] KEELRC 1256 (KLR)
- Parties
- Claimant: Raymond Komen; Respondent: The County Government of Nakuru; Respondent: Kinuthia Mbugua
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Cause 44 of 2016
- Procedural Posture
- Employment Cause / Ruling on Post Judgment Garnishee Application
- Outcome
- Garnishee order absolute granted; decretal sum and costs to be paid from specified accounts.
- Judges
- MSA Makhandia
- Legal Topics
- Garnishee Orders, Judgment Enforcement, Attachment of Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Raymond Komen
Claimant
The County Government of Nakuru
Respondent
Kinuthia Mbugua
Respondent
Procedural Posture
Employment Cause / Ruling on Post Judgment Garnishee Application
Legal Issues
- 1 Whether the court should grant a garnishee order absolute to attach funds in the respondents' bank accounts to satisfy the judgment debt.
- 2 Whether the respondents were properly served with the garnishee application and hearing notice.
- 3 Whether costs should be awarded to the claimant and garnishees.
Ratio Decidendi
The court found that the claimant had obtained a valid judgment for Kshs 2,016,428.80 against the respondents, which remained unsatisfied. The claimant properly invoked garnishee proceedings by identifying specific bank accounts held by the respondents and serving the application on all relevant parties, including the garnishees. The respondents failed to attend or oppose the application despite evidence of service. The garnishees responded as required. The court was satisfied that the procedural requirements for issuing a garnishee order absolute had been met. Accordingly, the court granted the orders sought, directing the garnishees to pay the decretal sum and costs from the specified...
Court Disposition
Garnishee order absolute granted; decretal sum and costs to be paid from specified accounts.
Orders
- The decretal sum and interest to be paid by the 1st Garnishee out of the 1st Respondent’s account no. 01141521630800.
- The claimant’s costs of Kshs 200,000 to be paid by the 2nd Garnishee out of the 2nd Respondent’s account no. 1140746057.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 44 OF 2016
RAYMOND KOMEN……………………………………………CLAIMANT
v
THE COUNTY GOVERNMENT OF NAKURU…...…….1st RESPONDENT
KINUTHIA MBUGUA…………………………………..2nd RESPONDENT
RULING
1. The Court awarded the Claimant Kshs 2,016,428/80 in a judgment delivered on 11 March 2016.
2. On 22 March 2016, the Claimant filed a motion seeking
1.
2. THAT pending the inter partes hearing of this application, the court issues an order nisi restraining the respondent herein from withdrawing monies deposited in the following accounts
Co-operative Bank Account number….. 01141521630800
Kenya Commercial Bank account number….. 1140746057
National Bank account number010011065283400.
3. THAT upon the interpartes hearing of this application, the court directs that the deposits in any accounts referred to hereinabove be attached to satisfy the judgment issued by this court on 11th March 2016 together with costs and interest.
4. ….
3. The Court directed the motion to be served and set 1 April 2016 as inter partes hearing date.
4. The Respondents did not attend Court on 1 April 2016. On record was an affidavit of service attesting to service of the application upon the firm of Hari Gakinya & Co. Advocates.
5. The Court granted prayer 2 of the motion on 8 April 2016 and directed that the garnishees file appropriate papers which have been done through replying affidavits.
6. The Court had the parties (including the garnishees) submissions today on prayer 3 of the motion.
7. The Court therefore
grants order 3 of the motion and
orders that the decretal sum and interest be paid by the 1st Garnishee out of the 1st Respondent’s account no. 01141521630800
the Claimant’s costs of Kshs 200,000/- be paid by the 2nd Garnishee out of the 2nd Respondent’s account no. 1140746057
the 1st Garnishee advocates costs be paid out of the 1st Respondent’s account with the said garnishee.
The 2nd Garnishee advocates costs be paid out of the 1st Respondent’s account with the said garnishee
8. Costs as ordered above.
Delivered, dated and signed in Nakuru on this 6th day of May 2016.
Radido Stephen
Judge
Appearances
For Claimant Mr. Githui instructed by Githui & Co. Advocates
For Respondents Mr. Katithi instructed by Hari Gakinya & Co. Advocates
For 1st Garnishee Mr. Kisila Advocate
For 2nd Garnishee Ms. Ngere Advocate
Court Assistant Nixon