Danson Mbubi Mutabi v Konza Ranching & Farming Co-operative Society Limited [2020] KEELRC 768 (KLR)
The bottom line
#A Kenyan court refused to stop execution of a judgment or reduce interest, ruling the employer used the wrong procedure and should have appealed instead.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution and setting aside of the decree and warrants should be granted
Application dismissed; warrants irregularity is a Deputy Registrar's execution matter and there is no basis for stay
The court held that allegations of irregularly obtained warrants of attachment raise execution issues that fall within the Deputy Registrar's domain. A party aggrieved by a taxation should file a reference, which the applicant had not done. On stay, nothing was pending before the court or any higher court, so stay was unwarranted.
Whether the award of interest from the date of filing suit should be reviewed
Review refused; the judgment on interest stands and any grievance lies on appeal
Section 26(1) of the Civil Procedure Act empowers the court to order interest on the principal sum adjudged from the date of suit to the date of decree and further interest thereafter, at rates the court deems reasonable. In the original judgment the court considered the case's length (from the year 2000) and the parties' contribution to the delay, and the award concerned redundancy moneys payable at the time of redundancy. The court found no grounds for review.
Legal principles established
#- Complaints about irregularity of warrants of attachment are execution issues for the Deputy Registrar and must be raised by way of reference on taxation, not by application to the judge.
- Interest on judgments is governed by Section 26(1) of the Civil Procedure Act and its award is a discretionary, case-by-case exercise.
Court orders
#- 1.The Respondent's Notice of Motion dated 13th February 2020 seeking stay of execution and setting aside of the decree, proclamation and warrants of attachment is dismissed
- 2.The Respondent's application for review dated 24th February 2020 seeking to set aside the award of interest from the date of filing suit is dismissed
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Original employment and labour jurisdiction of the Employment and Labour Relations Court, with review under Order 42 Rule 6, Order 51 Rules 1, 4 and 10, Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Danson Mbubi Mutabi v Konza Ranching & Farming Co-operative Society Limited [2020] KEELRC 768 (KLR)", Case Analysis (2020). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/768/eng@2020-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.