[2025] KEHC 346 (KLR)
The court found that the objector's application challenging the attachment and sale of property was urgent, warranting certification and a temporary stay of execution to prevent irreparable harm before inter partes hearing. In contrast, the judgment debtor's application for stay and review was not certified as...
Source-derived case information.
- Citation
- [2025] KEHC 346 (KLR)
- Parties
- Applicant: Trustees of Stanbic Bank (K) Ltd Staff Pension and Life Assurance Scheme; Respondent: Retirement Benefits Appeals Tribunal; Respondent: Berndadette Kariuki; Interested Party: Retirement Benefits Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E137 of 2021
- Procedural Posture
- Judicial Review Application / Ruling on Interlocutory Applications Regarding Attachment and Stay of Execution
- Outcome
- Objector's application certified urgent and temporary stay of execution granted; judgment debtor's application not certified urgent; directions for inter partes hearing issued.
- Judges
- RE Aburili
- Legal Topics
- Attachment of Property, Stay of Execution, Judicial Review Procedure, Pension Funds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Trustees of Stanbic Bank (K) Ltd Staff Pension and Life Assurance Scheme
Applicant
Retirement Benefits Appeals Tribunal
Respondent
Berndadette Kariuki
Respondent
Retirement Benefits Authority
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Interlocutory Applications Regarding Attachment and Stay of Execution
Legal Issues
- 1 Whether the objector's application challenging attachment and sale of property should be certified as urgent and granted temporary stay of execution.
- 2 Whether the judgment debtor's application for stay of execution and review of a prior ruling discloses urgency warranting certification.
Ratio Decidendi
The court found that the objector's application challenging the attachment and sale of property was urgent, warranting certification and a temporary stay of execution to prevent irreparable harm before inter partes hearing. In contrast, the judgment debtor's application for stay and review was not certified as urgent because it was only filed after execution had commenced, and no sufficient urgency was demonstrated. The court thus protected the objector's interests pending a full hearing, while declining to expedite the judgment debtor's application.
Court Disposition
Objector's application certified urgent and temporary stay of execution granted; judgment debtor's application not certified urgent; directions for inter partes hearing issued.
Orders
- The objector's application is certified urgent.
- Applicant/Objector to serve the decree holder and all parties for inter partes directions on 29/1/2025.
Full Case Text
Judgment text and source record
28 paragraphs
Trustees of Stanbic Bank (K) Ltd Staff Pension and Life Assurance Scheme v Retirement Benefits Appeals Tribunal & another; Retirement Benefits Authority (Interested Party) (Judicial Review Application E137 of 2021) [2025] KEHC 346 (KLR) (Judicial Review) (24 January 2025) (Ruling)
Neutral citation: [2025] KEHC 346 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E137 of 2021
RE Aburili, J
January 24, 2025
Between
Trustees of Stanbic Bank (K) Ltd Staff Pension and Life Assurance Scheme
Applicant
and
Retirement Benefits Appeals Tribunal
1st Respondent
Berndadette Kariuki
2nd Respondent
and
Retirement Benefits Authority
Interested Party
Ruling
1. On the twin Applications dated 22/1/2025, I have considered the two applications, both dated 22/1/2025 by the objector to the attachment Stanbic Bank Kenya Limited, objecting to the attachment and sale of the 12 items listed in the warrants of attachment dated 20/1/2025 and proclaimed by Mbusera Auctioneers and the application dated 22/1/2025 by the judgment debtor seeking stay of execution of Certificate of Taxation dated 15/7/2024 as well as a prayer for review/setting aside of the Ruling dated 8/1/2025 and reinstatement of the application dated 23/7/2024 for hearing denovo on its merits.
2. The two applications are each brought under certificate of urgency, supported by grounds on the faces thereof, affidavits and annextures.
3. In respect of the application accompanying the Notice of Objection to attachment, I find the application urgent. It is hereby certified urgent. I direct the Applicant/Objector to serve upon the Decree holder and all the parties to these proceedings, for inter partes directions on 29/1/2025.
4. Pending the inter partes directions, and with the decree holder intimating to court whether it intends to proceed with attachment as commenced, there is hereby granted a temporary stay of execution by way of taking possession and or sale of the attached properties and or any other property belonging to the objector.
5. I so order.
6. On the second application dated 22/1/2025 filed by the judgment debtor, I note that the application was filed on 23/1/2025. The Ruling which is sought to be reviewed and set aside was rendered on 8/1/2925. It appears to this court that the applicant only came to court after execution process was put in motion. I find that there is no urgency disclosed. I decline to certify the application in question as urgent.
7. I direct the Applicant/judgment Debtor to serve the decree holder for inter partes directions on 29/1/2025. I make no further orders.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 24THDAY OF JANUARY, 2025R.E. ABURILIJUDGE