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Kenya Case Law

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Employment and labour relations law [2026] KEELRC 820 (KLR)

Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Limited & another

The court dismissed a bank's objection seeking release of proclaimed movable assets, holding that bare averments of debentures without documentary proof were insufficient to defeat execution of the decree.

  • Objection proceedings under order 22 rule 51 civil procedure rules
  • Execution of decrees and warrants of attachment
  • Release of attached property held under debentures and collateral security
  • Burden of proof of third-party interest in attached goods
  • Evidential requirements for objector claims
  • Fraud and collusion in transfer of assets to evade execution
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Employment and labour law [2026] KEELRC 822 (KLR)

Jin v Kwale International Sugar Company Limited & another

The court allowed the claimant's application, holding that the unsatisfied decree remains enforceable. Warrants of attachment are to be reissued and executed with police assistance at the respondent's cost.

  • Execution of decree
  • Warrants of attachment and validity/expiry
  • Auctioneer powers and proclamation
  • Police assistance in execution
  • Objection proceedings
  • Costs
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Succession law [2026] KEHC 4135 (KLR)

Gituma Otieno & Company Advocates v Nderito (Sued as the Administratix of the Estate of the Late Elizabeth Wariara Nderito - Deceased)

The High Court set aside a garnishee order nisi and warrants of sale against an estate administrator's account, but gave her 120 days to pay certified advocate-client costs from estate funds, failing which she becomes personally liable.

  • Garnishee proceedings
  • Garnishee order nisi and absolute
  • Personal liability of estate administrator
  • Payment of estate expenses and liabilities
  • Taxation of advocate/client costs
  • Adoption of certificate of costs as judgment
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Employment and labour relations law [2026] KEELRC 754 (KLR)

Miseda v Seven Seas Technologies Limited

The Court allowed an unopposed application to attach bank accounts held by the directors of a judgment debtor company and ordered them to personally satisfy an unpaid employment decree, without lifting the corporate veil.

  • Execution of money decrees
  • Garnishee proceedings and attachment of bank accounts
  • Personal liability of directors for employer's decretal sums
  • Doctrine of corporate veil and piercing the veil
  • Definition of employer under employment act 2007 (agent, manager, factor)
  • Interest at court rates on decretal sums
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Employment and labour relations [2026] KEELRC 508 (KLR)

Kioko v Impel Tours & Safaris Limited

Court lifted the corporate veil of Impel Tours & Safaris Limited, finding directors' conduct evaded an unsatisfied employment decree, and ordered their examination on oath about company assets.

  • Lifting/piercing the corporate veil
  • Separate legal personality of companies
  • Examination of judgment-debtor officers as to means (order 22 rule 35, civil procedure rules)
  • Personal liability of directors for company debts
  • Execution of decrees against judgment-debtor companies
  • Nulla bona return and insolvency alternatives
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Insolvency law [2026] KEHC 1425 (KLR)

Team Construction Limited v Myspace Properties (Kenya) Limited

The High Court held that an arbitral award adopted as a decree is enforceable within twelve years under section 4(4) of the Limitation of Actions Act, and allowed a creditor's petition to liquidate a company that failed to satisfy a statutory demand.

  • Liquidation of company on statutory demand
  • Presumption of insolvency
  • Limitation period for enforcing arbitral award adopted as decree
  • Execution of decree
  • Enforcement of personal guarantee
  • Costs in liquidation
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Employment and labour relations law [2026] KEELRC 325 (KLR)

Kinyua v Catholic Diocese of Maralal (Thru’ the Registered Trustees) & another

The Employment and Labour Relations Court dismissed the Respondents' application to stay execution, release an attached vehicle and set aside warrants, because counsel came on record after judgment without leave or consent under Order 9 Rule 9.

  • Change of advocates after judgment
  • Order 9 rule 9 civil procedure rules
  • Stay of execution and warrants of attachment
  • Statutory deductions from employment award
  • Locus standi of advocates on record
  • Costs of application
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Employment and labour relations law [2026] KEELRC 237 (KLR)

Kwemboi v Mogus Kenya Limited; Equity Bank (Garnishee)

The Court declined a garnishee application for Kshs. 511,780, holding that statutory deductions (PAYE, NSSF, NHIF) apply to judicial awards and that the decretal sum had been satisfied, leaving only a disputed balance of Kshs. 92,100.

  • Garnishee orders
  • Statutory deductions (paye, nssf, nhif) on judgment awards
  • Taxation of employment awards
  • Satisfaction of decretal sums
  • Costs of execution
  • Remittance of statutory deductions
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Employment law [2026] KEELRC 240 (KLR)

Jackson Kipkoech Togom v Radar Limited

Ruling on a stay of execution where an employer paid an employment award in staggered instalments, with unclear PAYE deductions and a dishonoured cheque. The Court extended the temporary stay for 30 days, conditional on cure.

  • Stay of execution of decree
  • Statutory deductions (paye) on employment awards
  • Employer obligation to deduct and remit statutory deductions
  • Dishonoured cheque as payment of decretal sum
  • Execution by attachment and sale of motor vehicles
  • Costs of auctioneers
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Employment and labour relations law [2026] KEELRC 105 (KLR)

Mutuah v Tracom Services Ltd

The Court dismissed the Respondent's post-judgment motion to stay execution and declare attached goods tools of trade, finding no evidence supporting the exemption and inordinate, unexplained delay.

  • Stay of execution
  • Attachment of movable property
  • Tools of trade exemption under section 44(1) civil procedure act
  • Leave to come on record post-judgment
  • Delay in raising objections to execution
  • Functus officio
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.