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ELRCAllowedNot stated in the judgment· [2015] KEELRC 316 (KLR)

Elijah Midigo Ochieng & 4 others v Trustee, Kenya Lake Conference & S.D.A. Church E. A. Union Limited [2015] KEELRC 316 (KLR)

Industrial Court (Employment and Labour Relations Court)
4 November 2015
MOMAUREEN ONYANGO
1,331 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court confirmed an employer had fully paid a decree, voided the attachment, and made the claimants' own lawyers personally pay the costs.

What this practically means

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Executive summary

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The Respondents, against whom a decree had been issued in favour of the Claimants in an employment dispute, filed a Notice of Motion under the Industrial Court Act and the Civil Procedure Act seeking stay of execution, recall of warrants of attachment issued to auctioneers, a declaration that the execution levied was illegal, null and void, a declaration that the decree had been fully settled, a declaration that no further court fees were due, and personal costs against the Claimants' Advocates. The Respondents deponed, through their treasurer Killion Mingusa Agallo, that they had paid the decretal sum of Shs.2,474,655.30 by RTGS on 19th December 2014 after deducting statutory deductions, and taxed costs of Shs.473,767 on 26th June 2015, both into the Claimants' Advocates' account as the Claimants' Advocates had instructed. The Claimants opposed, asserting no proof of payment of PAYE of Shs.539,917.30 to KRA or remittances to NSSF and NHIF, and claiming a balance of Shs.1,117,097.76 including further court fees of Shs.70,000. After reviewing the RTGS records, KRA P9A forms and PAYE receipt, and NSSF and NHIF statements, the court found the decree, including taxed costs, fully settled before the 7th July 2015 attachment, rendering the execution wrongful. It also confirmed that the Shs.70,000 further court fees had been allowed as item 70 in the taxed bill and were therefore already paid. The court allowed the application, declared the decree fully settled and the execution illegal, null and void, recalled the warrants of attachment, declared no further court fees due, and ordered the Claimants' Advocates to personally bear the auctioneers' costs and the Respondents' costs of the application.

Key legal issues

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01

Whether the decree was fully settled

Holding

The court found the decretal sum, statutory deductions, and taxed costs were all paid into the Claimants' Advocates' account, so the decree was fully settled

Reasoning

The court verified RTGS transfers of Shs.2,474,655.30 on 19th December 2014 and Shs.473,767 on 26th June 2015, confirmed KRA PAYE payment of Shs.539,917.30 by receipt, and perused NSSF and NHIF statements confirming remittances. Since all payments preceded the 7th July 2015 attachment, the execution was wrongful.

p. 3
02

Whether further court fees of Shs.70,000 were outstanding

Holding

No further court fees were due as item 70 of Shs.70,000 was already included in the taxed costs paid

Reasoning

The court perused the bill of costs and taxation proceedings and confirmed item number 70 for Shs.70,000 on account of additional court fees was allowed by the taxing officer. Since taxed costs were paid in full on 26th June 2015, the claim for further court fees was duplicative and unsustainable.

p. 3

Legal principles established

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  • Where the decretal sum and taxed costs have been fully paid before attachment, any execution levied thereafter is wrongful and may be declared illegal, null and void

Court orders

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  1. 1.Declaration that the decree has been fully settled
  2. 2.Declaration that the execution levied against the Respondents/applicants is illegal, null and void
  3. 3.Warrants of Attachment issued to MAYWOOD AUCTIONEERS recalled and/or withdrawn
  4. 4.Declaration that no further court fees are due from the Respondents in the sum of Shs.70,000/= or any other sum
  5. 5.The Claimants' Advocates to personally bear the Auctioneers costs and the Respondents' costs of the application

Authorities

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Legislation

  • Industrial Court ActSection 11(1)(c), (d), (3)
  • Civil Procedure ActSections 3, 3A
  • Civil Procedure RulesOrder 21 Rule 7; Order 22 Rules 1, 2, 7, 13
Jurisdiction invoked
Section 11(1)(c), (d), (3) of the Industrial Court Act and Sections 3, 3A, Order 21 Rule 7, Order 22 Rules 1, 2, 7 and 13 of the Civil Procedure Act and Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Elijah Midigo Ochieng & 4 others v Trustee, Kenya Lake Conference & S.D.A. Church E. A. Union Limited [2015] KEELRC 316 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/316/eng@2015-11-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.