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ELRCPartially AllowedCause No 46 of 2019· [2020] KEELRC 168 (KLR)

Joshua O. Ogalo v Kenya National Union of Teachers (KNUT) & another; Kenya Commercial Bank Limited (Moi Avenue Branch) & another (Garnishee) [2020] KEELRC 168 (KLR)

Employment and Labour Relations Court
27 November 2020
MNMathews N. Nduma
468 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court allowed over Kshs. 1.1 million of a union teacher's dues to be seized from KNUT's KCB account because the bank never opposed the garnishee application.

What this practically means

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Executive summary

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This was a first-instance ruling by the Employment and Labour Relations Court at Nairobi in which the Claimant sought a garnishee order absolute attaching Kshs. 1,141,003.05 together with costs from accounts in the name of Kenya National Union of Teachers, held at Kenya Commercial Bank, Moi Avenue Branch (1st Garnishee) and at Kisumu Teachers Savings and Credit Co-operative Society (2nd Garnishee), for payment into the Claimant's account at Standard Bank Limited, Kisumu Branch. Garnishee order nisi had previously been granted. The application was opposed only by the 2nd Garnishee, whose General Manager, Allan Kawa, swore a replying affidavit stating that as at 18 June 2020 the targeted account held only Kshs. 975.98, so the order would serve no useful purpose and would be incapable of fulfilment. The 1st Garnishee filed no reply. The court found the application against the 1st Garnishee meritorious and granted it as prayed, while dismissing the application against the 2nd Garnishee. The final orders issued a garnishee order absolute attaching Kshs. 1,141,003.05 from the KCB account for payment to the Claimant's account, and awarded the costs of the application including costs incurred by the 1st Garnishee. The ruling was delivered online pursuant to the Chief Justice's COVID-19 directions, relying on Article 159(2)(d) and Article 48 of the Constitution and Section 18 of the Civil Procedure Act, with the parties waiving compliance with Order 21 rule 1 of the Civil Procedure Rules.

Key legal issues

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01

Whether garnishee order absolute should issue against the 1st Garnishee (KCB)

Holding

Granted as prayed since the 1st Garnishee did not reply to the application

Reasoning

The 1st Garnishee filed no replying affidavit and did not contest the claim. In the absence of any opposition, the court found the application for attachment of Kshs. 1,141,003.05 from the KCB account meritorious and granted it as prayed, with costs.

p. 1
02

Whether garnishee order absolute should issue against the 2nd Garnishee (Kisumu Teachers Sacco)

Holding

Dismissed

Reasoning

The 2nd Garnishee's General Manager swore a replying affidavit showing that as at 18/6/2020 the targeted account held only Kshs. 975.98, far below the sum sought. An order absolute for Kshs. 1,141,003.05 would therefore serve no useful purpose and the application against that garnishee was dismissed.

p. 1

Legal principles established

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  • A garnishee order absolute may issue against a garnishee that does not reply to the application, as prayed

Court orders

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  1. 1.A Garnishee Order absolute attaching Kshs. 1,141,003.05 together with costs from account No. 1107635463, Kenya Commercial Bank (KCB) Moi Avenue Branch in the name of Kenya National Union of Teachers for payment to the Claimant's Account No. 0100323625500 held at the Standard Bank Limited Kisumu branch
  2. 2.Costs of the application including costs incurred by the 1st Garnishee are awarded

Authorities

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Legislation

  • Civil Procedure RulesOrder 21 rule 1
  • Civil Procedure ActSection 18
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction; delivery of ruling online guided by Article 159(2)(d) and Article 48 of the Constitution and Section 1A/18 Civil Procedure Act

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, "Joshua O. Ogalo v Kenya National Union of Teachers (KNUT) & another; Kenya Commercial Bank Limited (Moi Avenue Branch) & another (Garnishee) [2020] KEELRC 168 (KLR)", Case Analysis (2020). Cause No 46 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/168/eng@2020-11-27

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