Ogwang v National Gender and Equality Commission (Cause 1803 of 2014) [2020] KEELRC 242 (KLR)
The bottom line
#A Kenyan court ruled that independent constitutional commissions can have their property attached to pay court judgments, dismissing the Commission's attempt to block auction.
What this practically means
#Executive summary
#Key legal issues
#Whether execution by attachment and proclamation lies against the Respondent, an independent constitutional commission
The Respondent is not covered by Section 21 of the Government Proceedings Act; the warrants of attachment and proclamation notices are procedural and legal
The court adopted the reasoning in Tom Ojienda & Associates v National Land Commission and Ikon Prints Media, holding that Section 21 refers strictly to the Government and Government departments. An independent commission clothed with constitutional powers to sue and be sued in its own name is amenable to the usual legal consequences of execution, and Parliament did not extend the shield of the Government Proceedings Act to independent commissions.
Whether the Applicant was entitled to unconditional stay of execution pending its intended appeal
No; having failed to comply with the conditional stay orders of 4th August, 2020, the Applicant cannot invoke the Court's discretion
The Court had on 4th August, 2020 granted conditional stay requiring deposit of half the decretal sum by 11th August, 2020. The Applicant did not comply and instead sought unconditional stay. The court held that a party seeking justice must be prepared to do justice, and one who disobeys court orders cannot seek that court's protection. The applications were therefore dismissed.
Legal principles established
#- Independent commissions established under Chapter 15 of the Constitution are not 'the Government' or 'Government departments' for purposes of Section 21 of the Government Proceedings Act and are amenable to ordinary execution of decrees
Court orders
#- 1.The Applications dated 21st July, 2020 and 10th August, 2020 are dismissed with costs
- 2.The Respondent/Applicant is directed to deposit the decretal sum as directed on 4th August, 2020 within 7 days from the date hereof
- 3.Failing such deposit, the Claimant/Decree Holder is at liberty to continue with execution
- Jurisdiction invoked
- Original jurisdiction over the decree; applications under civil procedure for stay of execution and setting aside warrants of attachment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ogwang v National Gender and Equality Commission (Cause 1803 of 2014) [2020] KEELRC 242 (KLR)", Case Analysis (2020). Cause No 1803 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/242/eng@2020-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.