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ELRCDismissedNot stated in judgment

Paul Mwangi & Co Advocates v P.V.R. RAO (Receiver of Athi River Steel Plant Ltd in Receivership); Dancy Auctioneers (Interested Party) (Miscellaneous Cause E218 of 2023) [2025] KEELRC 269 (KLR)

Employment and Labour Relations Court
6 February 2025
1,152 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court dismissed Athi River Steel Plant's receiver's attempt to stop property attachment, finding he and his lawyer misled the court.

What this practically means

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Executive summary

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The Respondent, PVR Rao, Receiver of Athi River Steel Plant Ltd (In Receivership), filed a Motion dated 20 November 2024 seeking leave for Keaton & Keaton Advocates to come on record, a stay of execution of warrants of attachment issued in execution of a decree given on 17 July 2024, the setting aside of a judgment entered on 11 June 2024, and leave to appeal out of time against the Ruling of 11 June 2024. This followed the dismissal on 14 November 2024 of an earlier Motion dated 19 July 2024 in which the Respondent's father had sought a stay on the ground that the proclaimed properties belonged to him. The applicant, Paul Mwangi & Co. Advocates (decree-holder), opposed the Motion as an afterthought, noting that execution commenced on 18 July 2024 and the Respondent only moved the Court four months later, and that the Respondent was intent on defeating a lawful process. The Court found that the father had sworn an affidavit claiming ownership of the proclaimed properties while the Respondent now personally claimed the same properties, and inferred that the two conspired to mislead the Court. The Court further noted the unexplained over-four-month delay in seeking leave to appeal, the non-disclosure of related High Court proceedings (Nairobi Milimani High Court Misc Application No. E550 of 2021), the earlier refusal of the same stay relief, and the Respondent's failure to defend the initial proceedings despite service and further leave. Concluding that the fresh Motion was an abuse of process and made in bad faith, and that neither the Respondent nor the advocate seeking to come on record had made honest and truthful disclosures, the Court dismissed the Motion with costs on 6 February 2025.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the firm of Keaton & Keaton Advocates should be granted leave to come on record for the Respondent
  2. 2.Whether a stay of execution of the warrants of attachment and of the judgment of 11 June 2024 and decree of 17 July 2024 should issue
  3. 3.Whether the judgment entered on 11 June 2024 and the decree of 17 July 2024 should be set aside
  4. 4.Whether the Respondent should be granted leave to appeal out of time against the Ruling of 11 June 2024

Key legal issues

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01

Whether the Respondent was entitled to a stay of execution and setting aside of the judgment

Holding

The Motion was dismissed because the Respondent abused the court process, acted in bad faith, and made dishonest disclosures

Reasoning

The Respondent's father had sworn an affidavit claiming ownership of the proclaimed properties, and the Respondent then personally claimed the same properties, leading the Court to infer conspiracy to mislead it. The same stay relief had been refused on 14 November 2024. The Respondent never defended the suit despite service and further leave, and offered no explanation for the over-four-month delay in seeking leave to appeal.

p. 3
02

Whether the advocate seeking to come on record should be granted leave

Holding

Leave was declined because the advocate had not made honest and truthful disclosures

Reasoning

The Court held that disclosures made through an advocate form part of the advocate's professional duty of honesty and candour. The certificate of urgency, grounds in support of the Motion and the affidavits lacked honest disclosure, and the advocate had threatened to report the Judge to the Judicial Service Commission when off-the-record suggestions were declined.

p. 3

Legal principles established

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  • A party approaching the Court has a duty of truthful and honest disclosure, and an advocate must be honest, truthful and candid in disclosures made on a client's behalf
  • Bringing a fresh motion over an issue the Court had already determined constitutes abuse of court process and bad faith

Court orders

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  1. 1.The Motion dated 20 November 2024 by the Respondent is dismissed with costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction over the suit and incidental applications; specific provision not cited in the judgment.

Relief refused

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Leave for Keaton & Keaton Advocates to come on record for the Respondent

The Court found dishonesty and lack of truthful disclosures by both the Respondent and the advocate

p. 3

Stay of execution of the warrants of attachment and of the judgment and decree

The same relief had been sought and refused in the Motion dated 19 July 2024, and the Respondent had failed to make honest disclosures

p. 3

Setting aside of the judgment of 11 June 2024 and decree of 17 July 2024

The Respondent never defended the initial proceedings despite service and further leave to defend

p. 3

Leave to appeal out of time against the Ruling of 11 June 2024

The Respondent did not explain the delay of over four months in seeking to lodge an appeal

p. 3

Costs

The Motion dated 20 November 2024 by the Respondent is dismissed with costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

A party who approaches a Court has a duty to the Court to make truthful and honest disclosures whether through an afidavit or from the bar.
p. 3Duty of candour to the Court
The Court has no hesitation in inferring that the two conspired to mislead the Court regarding the proclaimed properties' ownership.
p. 3Conflicting claims of ownership by father and son
The dishonesty and lack of truth disinclines the Court to grant any of the orders sought by the Respondent.
p. 3Consequence of dishonest disclosures
The Motion dated 20 November 2024 by the Respondent is dismissed with costs.
p. 3Final orders

Issues in the judgment

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minor

The Motion recites inconsistent judgment dates in its prayers: 'judgment entered on 11th July 2024' in prayer (iv) versus 'judgment entered on 11th June 2024' in prayers (v) and (vi)

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, "Paul Mwangi & Co Advocates v P.V.R. RAO (Receiver of Athi River Steel Plant Ltd in Receivership); Dancy Auctioneers (Interested Party) (Miscellaneous Cause E218 of 2023) [2025] KEELRC 269 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/269/eng@2025-02-06

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