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ELRCDismissedNot stated in judgment (Memorandum of Claim dated 9th September 2022)· [2024] KEELRC 2532 (KLR)

Wekesa v Sakam Enterprises Limited (Employment and Labour Relations Cause E027 of 2022) [2024] KEELRC 2532 (KLR)

Employment and Labour Relations Court
17 October 2024
MOMaureen Onyango
1,738 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court refused to stop auction of a company's vehicles because once a consent judgment is entered, the court's hands are tied.

What this practically means

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Executive summary

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The Claimant sued by Memorandum of Claim dated 9th September 2022 seeking salary arrears, payment in lieu of leave, house allowance and overtime/service pay. On 24th January 2024 the parties recorded a consent under which judgment was entered for the Claimant for Kshs. 10,000,000 all inclusive, with a 30-day stay of execution, the matter being settled by a Deed of Settlement providing for payment in kind (two motor vehicles and 4 acres of land). Thereafter the Claimant instructed Remma Auctioneers, who proclaimed attachment of 16 motor vehicles of the Respondent on 9th April 2024. The Respondent applied on 11th April 2024 for temporary injunctions restraining the attachment, a declaration that the execution was unlawful, and cancellation of the proclamation, contending it had performed its obligations under the consent order save for transfer of the land, which was delayed. The Claimant opposed, averring the Respondent lacked capacity to transfer the agreed vehicles and that the agreed titles were charged to a bank for about Kshs. 100,000,000, and that execution was a lawful pursuit of the decree. Maureen Onyango J held that upon recording the consent judgment the court became functus officio and could not reopen the matter to restrain a decree holder from executing, the only avenues being review or extension of time, neither of which was sought. The application was dismissed with costs on 17th October 2024.

Key legal issues

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01

Whether the court was functus officio after the consent judgment of 24th January 2024

Holding

Yes; the court could not entertain the Respondent's application to restrain execution of the decree

Reasoning

The suit was concluded when consent judgment was entered on 24th January 2024, whereupon the court became functus officio. Relying on Jersey Evening Post Ltd v Al Thani (as cited in Raila Odinga) and Telkom Kenya Ltd v John Ochanda, the court held that once proceedings are finally concluded the court cannot review or alter its decision; a judgment debtor in default must pursue review or appeal, neither of which was sought here. The application therefore lacked merit and was dismissed with costs.

p. 3

Legal principles established

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  • Once a court has finally determined a matter by entering a consent judgment it becomes functus officio and cannot reopen it to restrain execution, save through review or appeal/extension of time
  • A judgment debtor in default has no audience of the court unless its jurisdiction is properly invoked by review or appeal

Court orders

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  1. 1.The Respondent's application dated 11th April 2024 is dismissed with costs

Authorities

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Cases cited (4)

  • Jersey Evening Post Limited v Al Thani
    (2002) JLR
  • Raila Odinga & 2 Others v Independent Electoral and Boundaries Commission & 3 Others
    2013 eKLR
  • Telkom Kenya Limited v John Ochanda (suing on his own behalf and on behalf of 996 Former Employees of Telkom Kenya Limited)
    2014 eKLR
  • Re Estate of Kinuthia Mahuti (Deceased) Miscellaneous Application P&A No. 158 of 2017
    2018 eKLR
Jurisdiction invoked
Original employment and labour relations jurisdiction; the application invokes the court's inherent powers over its own process (no specific provision 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, "Wekesa v Sakam Enterprises Limited (Employment and Labour Relations Cause E027 of 2022) [2024] KEELRC 2532 (KLR)", Case Analysis (2024). Not stated in judgment (Memorandum of Claim dated 9th September 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2532/eng@2024-10-17

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