[2017] KEELRC 285 (KLR)
The court found that the amount of Kshs.902,500 was due and payable to the claimant as previously clarified in its ruling of 2nd March 2017. The respondent's application for further review was deemed to lack merit and constituted an abuse of the court process. Consequently, the court granted a garnishee order...
Source-derived case information.
- Citation
- [2017] KEELRC 285 (KLR)
- Parties
- Claimant: Titus Wamalwa Khaemba; Respondent: Transport Workers’ Union; Respondent: Dan Mihadi (General Secretary)
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1188 of 2015
- Procedural Posture
- Garnishee Application / Ruling
- Outcome
- garnishee order granted
- Judges
- MN Nduma
- Legal Topics
- Garnishee Orders, Judgment Enforcement, Unpaid Wages
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Titus Wamalwa Khaemba
Claimant
Transport Workers’ Union
Respondent
Dan Mihadi (General Secretary)
Respondent
Procedural Posture
Garnishee Application / Ruling
Legal Issues
- 1 Whether a garnishee order should issue against the 1st respondent's bank account for the unpaid sum of Kshs.902,500 to the claimant.
- 2 Whether the respondent's application for further review of the judgment has merit.
Ratio Decidendi
The court found that the amount of Kshs.902,500 was due and payable to the claimant as previously clarified in its ruling of 2nd March 2017. The respondent's application for further review was deemed to lack merit and constituted an abuse of the court process. Consequently, the court granted a garnishee order against the 1st respondent's bank account to the extent of the judgment debt, enabling enforcement of the court's prior orders.
Court Disposition
garnishee order granted
Orders
- A garnishee order is issued on the 1st respondent’s bank account no. 0972830238 at Barclays Bank Queensway House Branch in Nairobi to the extent of Kshs.902,500 in execution of the court's orders issued on 2nd March 2017.
- Costs to follow the outcome.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT
AT NAIROBI
CAUSE NO. 1188 OF 2015
TITUS WAMALWA KHAEMBA…………..……….…CLAIMANT
VERSUS
TRANSPORT WORKERS’ UNION……........1ST RESPONDENT
DAN MIHADI (GENERAL SECRETARY).…..2ND RESPONDENT
Mr. Musungu for claimant
Mr. Ndege for 1st and 2nd respondent
RULING
1. This is an application for garnishee order to issue in respect of account held by the 1st respondent being account no. 097383028 Barclays Bank, Queensway Branch, Nairobi in respect of unpaid sum of Kshs.902,500/= by the 1st respondent to the claimant.
2. The application is on the grounds set out on the face of the notice of motion application and in the supporting affidavit of the claimant.
3. This court clarified and restated the amount due and payable to the claimant in its ruling of 2nd March 2017.
4. The application by the respondent for further review of the judgment of the court, lacks merit and is an abuse of the court process.
5. Accordingly, the court grants a garnishee order to issue on the 1st respondent’s bank account no. 0972830238 at Barclays Bank Queensway House Branch in Nairobi to the extent of Kshs.902,500/= in execution of orders of court issued on 2nd March 2017.
6. Costs to follow the outcome.
Dated, Signed and Delivered on this 24th Day of November 2017
MATHEWS NDERI NDUMA
JUDGE