Riley Falcon Security Services Limited v Nyagah & another (Appeal E003 of 2024) [2024] KEELRC 2108 (KLR)
The bottom line
#A Kenyan employment court released an appeal security deposit to both sides but refused auctioneers' fees that had not been taxed, directing a formal assessment instead.
What this practically means
#Executive summary
#Key legal issues
#Release of the decretal sum deposited as security
The uncontested decretal sum of Kshs 326,131.80 less statutory deductions should be released to the respondents' advocates, and the balance to the appellant's advocates
The court held that the deposit was made to secure the appeal, the appeal was determined on 16 May 2024 awarding set sums, and the decretal sum was not contested. Payment less statutory deductions follows under Section 49(2) of the Employment Act, with the P9 form requirement to be handled internally by the appellant.
Auctioneers' costs of Kshs 162,121.60
No fee is due without taxation; the respondents must file a bill of costs for assessment by the Taxing Officer
The court noted that on 25 April 2024 execution proceedings were stopped and the attached motor vehicle ordered returned before any further attachment. The respondents' advocate could not confirm how far the process had gone, and the fee note lacked timelines. Justice demanded the fee note be taxed rather than paid as claimed.
Legal principles established
#- Where execution proceedings were stopped by court order before attachment could take place, no auctioneer's fee is due without taxation
Court orders
#- 1.The sum of Kshs 326,131.80 to be released to the firm of Derrick Odhiambo Advocates being the advocate's costs and the decretal sum for the respondents less statutory deductions to be determined by the appellant
- 2.The sum of Kshs 429,728.20 to be released to the firm of C.O. Tolo & Co. Advocates representing the appellant
- 3.The respondents to file a bill of costs for the auctioneers to be assessed by the Taxing Officer without negating orders (a) above
- 4.Each party to bear its own costs of the application
- On appeal from
- Malindi (Chief Magistrate's Employment and Labour Relations Court)
- CMELRC No. E013 of 2021
- Jurisdiction invoked
- Jurisdiction over the appeal and the deposited security arising from court directions of 25 April 2024; no specific provision cited in the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Riley Falcon Security Services Limited v Nyagah & another (Appeal E003 of 2024) [2024] KEELRC 2108 (KLR)", Case Analysis (2024). Appeal No E003 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2108/eng@2024-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.