Jane Jerotich Sirma v Postal Corporation of Kenya [2021] KEELRC 1209 (KLR)
The bottom line
#The Employment Court in Nakuru stopped an ex-employee from attaching Postal Corporation's property, ruling a company cannot deduct its own self-assessed losses without a court-supervised assessment.
What this practically means
#Executive summary
#Key legal issues
#Whether the court could order set-off of the Respondent's self-assessed loss of user
The court declined to confirm the set-off, holding the assessed figure must first be subjected to assessment by the court
The court acknowledged its earlier ruling directing the respondent to assess loss of non-user of motor vehicle KAD 294M. The respondent filed an assessment of Kshs 470,757.72, which was unchallenged by the claimant. However, the court held that a party's own assessment cannot be accepted as the loss suffered without assessment by the court, and therefore declined to order the set-off sought, instead directing a court-supervised assessment.
Whether execution should be stayed pending assessment
Stay of execution granted; attachment by the claimant stayed pending assessment of loss of user and further orders
The court noted the respondent had filed an appeal before the Court of Appeal against the ruling of 6th February 2020. The court reasoned that the claimant could not levy attachment while simultaneously pursuing an appeal, and found the application for stay of execution merited on that basis.
Whether the court is functus officio to order set-off
The court did not make a definitive finding on functus officio, proceeding instead to order a stay and court-supervised assessment
The claimant argued the court was functus officio to order set-off of the alleged loss of user and that the respondent should file separate proceedings. The applicant argued the court was seized of the matter at execution stage. The court did not expressly resolve this issue, dealing with the matter by staying execution pending assessment.
Legal principles established
#- A party's own unilateral assessment of loss of user cannot stand as the measure of loss without court assessment
- A decree-holder who has filed an appeal against the ruling cannot simultaneously levy execution
Court orders
#- 1.Stay of execution granted - any attachment by the claimant is stayed pending assessment of loss of user by the respondent on their motor vehicle KAD 294M and upon further orders of this court
- Jurisdiction invoked
- Order 22 Rule 22, Order 51 Rule 1 of the Civil Procedure Rules, Sections 1A, 1B, 3A and 44(2) of the Civil Procedure Act and Section 25 of the Postal Corporation Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jane Jerotich Sirma v Postal Corporation of Kenya [2021] KEELRC 1209 (KLR)", Case Analysis (2021). Not stated in judgment (application dated 10th March, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1209/eng@2021-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.