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ELRCPartially AllowedNot stated in full (old Claim, registration number referenced in title but not reproduced)· [2024] KEELRC 1522 (KLR)

Miseda v Today Online Limited & 2 others; Standard Chartered Bank Limited (Garnishee) (Cause 704 of 2010) [2024] KEELRC 1522 (KLR)

Employment and Labour Relations Court
14 June 2024
JRJames Rika
562 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This is a ruling in an old employment claim in which an award of Kshs. 2,085,000 was made against the 1st Respondent on 20th May 2011, with no order on costs and interest, payable within 45 days. The award remained unsatisfied for 13 years. An earlier attempt by the Claimant to attach a motor vehicle was declined on 24th May 2012, the Industrial Court holding there was no evidence the Judgment-Debtor had ceased to exist and directing the Decree-Holder to intensify the search for attachable assets. The 2nd and 3rd Respondents, directors of the 1st Respondent, were joined for execution purposes; the Respondents had ceased operations in Kenya and relocated to Australia, and were traced along with assets in Kenya. Two applications fell for determination: the Claimant's application dated 27th June 2023 seeking that the garnishee order nisi of 5th October 2022 be made absolute, and the Respondents' application dated 15th August 2023 seeking a stay of proceedings pending an intended appeal. The Court allowed the Claimant's application and made the garnishee order absolute, holding that garnishee proceedings are intended to achieve partial execution and that the Respondents' 13-year failure to satisfy the award or appeal, their absence from jurisdiction, and their non-participation in the original claim left no reason to delay execution. The stay application was declined and costs were awarded to the Claimant on both applications. The judgment was delivered electronically at Nairobi on 14th June 2024 by James Rika, Judge.

Key legal issues

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01

Making absolute a garnishee order nisi

Holding

The garnishee order nisi was made absolute as the Claimant was entitled to partial execution of the 2011 award

Reasoning

The award of Kshs. 2,085,000 delivered on 20th May 2011 had remained unsatisfied for 13 years. The Respondents ceased operations in Kenya, relocated to Australia, and never satisfied the award or appealed. The Court found no reason to decline the prayer, garnishee proceedings being intended to achieve partial execution.

p. 2
02

Stay of proceedings pending intended appeal

Holding

Declined; the Respondents did not satisfy the Court that a stay was merited

Reasoning

The Respondents never responded to the Claim when filed, heard and concluded, never appealed the 2011 award, ceased operations and left the jurisdiction. Thirteen years of inaction meant the Court had no reason to delay execution pending an appeal that had not been prosecuted.

p. 2

Legal principles established

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  • A judgment-debtor who ceases operations, leaves the jurisdiction, and fails to satisfy a decree or appeal for 13 years cannot obtain a stay of execution proceedings

Court orders

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  1. 1.The Claimant's application dated 27th June 2023 is allowed, and order of garnishee nisi made absolute
  2. 2.The Respondents' application dated 15th August 2023 seeking a stay of proceedings pending an intended appeal is declined
  3. 3.Costs to the Claimant on both applications
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over execution of its own award (not expressly cited)

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, "Miseda v Today Online Limited & 2 others; Standard Chartered Bank Limited (Garnishee) (Cause 704 of 2010) [2024] KEELRC 1522 (KLR)", Case Analysis (2024). Not stated in full (old Claim, registration number referenced in title but not reproduced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1522/eng@2024-06-14

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