Garissa Water Sewerage Company Limited v National Union of Water and Sewerage Employees & 2 others
The bottom line
#The Court of Appeal froze a Kshs 13.6 million garnishee payment against Garissa Water, finding the appeal arguable and the money effectively unrecoverable if released.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
The intended appeal is arguable because whether the garnishee orders absolute were irregularly issued without any decree or judgment is a weighty issue not frivolous.
The Court applied the settled rule 5(2)(b) principles, noting that an arguable appeal need not be one that must succeed but only one that is not frivolous or idle. It found the question whether garnishee orders were issued without a valid decree to be weighty and worthy of consideration, while expressly declining to make definitive findings that might embarrass the bench seized of the appeal.
Nugatory value of the intended appeal
The appeal would be rendered nugatory if stay is not granted because execution would pay public monies into an individual's account whose ability to refund was not demonstrated.
The Court found that execution of the garnishee orders absolute would transfer public monies to an individual's personal account. Since it was not demonstrated that the individual could refund the money, the substratum of the appeal would be lost and the result irreversible. Both limbs having been satisfied, the motion was allowed.
Legal principles established
#- An applicant under rule 5(2)(b) must satisfy the Court on both the twin principles of an arguable appeal and that the appeal will be rendered nugatory if stay is not granted.
- On arguability, it is sufficient if a single bona fide arguable ground of appeal is raised; the appeal need not necessarily succeed.
- An appeal is rendered nugatory where what is sought to be stayed is irreversible, or where damages cannot reasonably compensate the aggrieved party.
Court orders
#- 1.Stay of execution of the Ruling of Abuodha J delivered on 26th November 2024 and the garnishee orders absolute ordering release of Kshs 13,660,701 held in the applicant's KCB Account Number 1107767741, pending the hearing and determination of the intended appeal
- 2.The applicant's motion dated 26th November 2024 is allowed as prayed
- 3.Costs of the motion to abide the outcome of the intended appeal
- On appeal from
- Employment and Labour Relations Court at Nairobi
- Employment and Labour Relations Court Cause Number 1162 of 2018
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules and the inherent power of the Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Garissa Water Sewerage Company Limited v National Union of Water and Sewerage Employees & 2 others", Case Analysis (2025). Employment and Labour Relations Cause Number 1162 of 2018 (intended appeal); Civil Application No. [unspecified] of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/108/eng@2025-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.