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ELRCPartially AllowedCause No 1608 of 2018· [2023] KEELRC 668 (KLR)

Kenya Union of Commercial Food and Alied Workers v Kenya Meat Commission (Cause 1608 of 2018) [2023] KEELRC 668 (KLR)

Employment and Labour Relations Court of Kenya
17 March 2023
AMAnna Ngibuini Mwaure
946 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court let 69 former employees stay in their houses until shortly after their final payment, but set a firm move-out deadline instead of blocking eviction entirely.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Nairobi, delivered virtually on March 17, 2023 by Anna Ngibuini Mwaure J, on a notice of motion dated February 17, 2023 filed by the claimant (applicant) on behalf of sixty nine grievants. The grievants had been awarded benefits totalling kshs 44,533,304.93 in a judgment delivered by the same court on June 5, 2020. Following execution proceedings, the parties recorded a consent on February 15, 2023 under which the respondent (the commission) had paid kshs 5.1 million, with the balance payable in five equal installments beginning March 1, 2023. The grievants, who lived in commission houses, received letters dated February 13, 2023 directing eight of them to collect payments and vacate within seven days. The applicant sought to restrain eviction until all installments were paid by July 1, 2023 and to have the letters withdrawn. The respondent opposed, describing the application as defective and asserting it was adhering to the consent, with payments funded through the National Treasury. The court noted the second installment had been paid on March 1, 2023 less statutory deductions erroneously deducted, which were to be made good with the April 2023 installment. Balancing the parties' interests, the court granted prayers 2 and 3 only in part: instead of an open-ended restraint, the grievants were to vacate by May 5, 2023, failing which eviction would occur seven days later. Each party was ordered to bear its own costs of the application.

Key legal issues

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01

Whether to restrain eviction of grievants pending full payment of awarded benefits

Holding

Prayers 2 and 3 granted only to the extent that eviction would not take place immediately; grievants to vacate by May 5, 2023, with eviction thereafter after seven days' grace

Reasoning

The court noted the consent of February 15, 2023 providing for payment in five equal installments after Kshs 5.1 million had been paid. It observed that the second installment had been paid on March 1, 2023 less erroneously deducted statutory deductions, with further installments due April 1 and May 1, 2023. Balancing the interests of both sides, the court held it fair for the grievants to vacate once the May installment was paid, giving them sufficient time to find alternative housing.

p. 2
02

Treatment of erroneously deducted statutory deductions from installments

Holding

The statutory deductions wrongly deducted from the second installment are to be paid together with the April 2023 installment

Reasoning

The court acknowledged that the second installment paid on March 1, 2023 was short of the agreed sum because of statutory deductions erroneously made. Rather than treating the payment as a default under the consent, the court directed that the deducted amounts be made good when paying the April 2023 installment, preserving the payment schedule while protecting the grievants' entitlement to the full awarded amounts.

p. 2

Legal principles established

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  • A court balancing the interests of parties in a consent-based installment settlement may fix a fair vacation date tied to the payment schedule rather than grant an open-ended restraint on eviction

Court orders

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  1. 1.Prayers 2 and 3 of the notice of motion dated February 17, 2023 granted to the extent that eviction will not happen and instead the grievants are ordered to vacate the houses by May 5, 2023
  2. 2.Failure to vacate by May 5, 2023, eviction will take place seven days from that date
  3. 3.Statutory deductions erroneously deducted to be paid when paying the April 2023 installment
  4. 4.Each party to meet the costs of the application

Authorities

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Legislation

  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of KenyaArticle 159(2)(d)
  • Constitution of KenyaArticle 48
  • Civil Procedure ActSection 1B
Jurisdiction invoked
Original and supervisory jurisdiction of the Employment and Labour Relations Court over a judgment previously delivered by the same court on June 5, 2020, awarding grievants benefits

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, "Kenya Union of Commercial Food and Alied Workers v Kenya Meat Commission (Cause 1608 of 2018) [2023] KEELRC 668 (KLR)", Case Analysis (2023). Cause No 1608 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/668/eng@2023-03-17

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