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ELRCPartially AllowedCause No. 1399 of 2014· [2018] KEELRC 2383 (KLR)

Jillor Alexi Kasse v East African College of Opthalmologists [2018] KEELRC 2383 (KLR)

Employment and Labour Relations Court
7 February 2018
HWHellen Wasilwa
339 words in judgment
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The bottom line

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A Kenyan employment court allowed a jobless judgment debtor to pay a costs award in Kshs.10,000 monthly installments instead of a lump sum.

What this practically means

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Executive summary

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This was a ruling on a notice of motion dated 5th June 2017, filed by the Claimant Jillo Alexi Kasse under certificate of urgency, seeking a temporary stay of execution and an order that the decretal sum of Kshs.155,834/= in certified costs payable to the Respondents be liquidated in installments of Kshs.5,000/= monthly. The Claimant, represented through the supporting affidavit of Jillo Alexi Kasse, deponed that the amount was colossal given that he was unemployed, and that he would suffer irreparable harm if the application was not granted. The Respondents opposed the application through grounds of opposition filed on 30th October 2017, asserting that several attempts to prompt the Claimant to pay had failed, and proposed that he pay at least Kshs.30,000/= per month. Justice Hellen Wasilwa examined the averments of the parties and their written submissions. The court found it was not in doubt that the Claimant was jobless and without benefits, noting that the claim arose from his termination by the Respondent and that he had withdrawn the claim with costs awarded against him. Observing that the Respondents had not demonstrated any evidence to the contrary showing the Claimant could pay the amount at once or in large installments, the court exercised its discretion and allowed the application, ordering payment of the decretal sum in equal installments of Kshs.10,000/= per month with effect from 1st March 2018 until payment in full. The ruling was read in open court on 7th February 2018.

Key legal issues

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01

Installment payment of decretal sum

Holding

The court exercised its discretion in favour of the jobless judgment debtor, ordering payment in installments of Kshs.10,000/= per month

Reasoning

The court found it was not in doubt that the Claimant was jobless and without benefits following his termination by the Respondent, which gave rise to the claim he later withdrew with costs awarded against him. The Respondents opposed, proposing Kshs.30,000/= per month, but did not demonstrate any evidence that the Claimant could pay all at once or in large installments. The court therefore exercised its discretion and granted stay of execution by way of installment payments, fixing Kshs.10,000/= monthly from 1st March 2018 until payment in full, a figure higher than the Claimant's offer of Kshs.5,000/=.

p. 2

Legal principles established

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  • Where a judgment debtor is jobless and the decree holder has not demonstrated ability to pay in larger amounts, the court may order liquidation of the decretal sum in reasonable monthly installments

Court orders

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  1. 1.The application dated 5th June 2017 is allowed
  2. 2.The Applicant to pay the decretal sum in equal installments of Kshs.10,000/= per month with effect from 1st March 2018 until payment in full
Jurisdiction invoked
Inherent discretion over execution and payment of decretal sums in Employment and Labour Relations Court

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, "Jillor Alexi Kasse v East African College of Opthalmologists [2018] KEELRC 2383 (KLR)", Case Analysis (2018). Cause No. 1399 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2018/2383/eng@2018-02-07

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