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ELRCDismissedCause whose judgment was delivered on 13 July 2022 (Cause number not stated in judgment)· [2025] KEELRC 558 (KLR)

Mwathi v Collection Agency Kenya Ltd (Cause 2441 of 2017) [2025] KEELRC 558 (KLR)

Employment and Labour Relations Court
27 February 2025
SRStephen Radido
896 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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Kenya's Employment Court refused to extend a deadline for a company that missed paying a judgment debt, warning against using procedure to delay justice.

What this practically means

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Executive summary

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The Employment and Labour Relations Court at Nairobi, in a judgment delivered on 13 July 2022 by Radido J in a cause between Anne Wangechi Mwanthi (Claimant) and Collection Agency Ltd (Respondent), had entered judgment against the Respondent, which did not attend the hearing despite acknowledging service. The Respondent first moved on 9 February 2024 seeking to set aside the judgment; that Motion was dismissed with costs on 29 May 2024, and a Notice of Appeal was filed against the Ruling (though no appeal lies against the judgment itself). On 5 June 2024 the Respondent sought a stay of execution, and on 19 November 2024 the Court granted a conditional stay requiring the decretal sum to be deposited in Court by 26 November 2024. The Respondent failed to comply and filed the Motion dated 26 November 2024 seeking an interim stay of execution and an enlargement of time for depositing the decretal sum to 17 January 2025. The Claimant opposed, arguing the application was effectively a review without merit, that the earlier condition was unmet, and that a Notice of Appeal does not automatically stay execution. Neither party filed submissions as directed. Finding that the Respondent had prosecuted its defence casually and was using legal manoeuvres to delay the Claimant from realising an unappealed judgment, the Court held the Respondent undeserving of its discretion and dismissed the Motion dated 26 November 2024 with costs to the Claimant.

Key legal issues

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01

Whether the Court should enlarge time for compliance with the condition for stay of execution

Holding

The Court declined to enlarge time, finding the Respondent had treated the Court's orders casually and was manoeuvring to delay execution of an unappealed judgment.

Reasoning

Judgment had been delivered on 13 July 2022 and the Respondent did not attend the hearing, having acknowledged service. Its application to set aside the judgment was dismissed on 29 May 2024, leaving the judgment intact and executable. The Respondent was granted a conditional stay on 19 November 2024 but failed to deposit the decretal sum. It then sought an extension without offering substantive justification, and neither party filed submissions as directed. The Court concluded the Respondent was undeserving of discretion.

p. 3

Legal principles established

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  • A party who fails to comply with conditions attached to a discretionary order, and who has not appealed against or set aside the underlying judgment, is not deserving of further exercise of the court's discretion to stay execution.

Court orders

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  1. 1.The Motion dated 26 November 2024 is dismissed with costs to the Claimant.
Jurisdiction invoked
Inherent discretion of the Employment and Labour Relations Court over interlocutory applications in a cause before it

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, "Mwathi v Collection Agency Kenya Ltd (Cause 2441 of 2017) [2025] KEELRC 558 (KLR)", Case Analysis (2025). Cause whose judgment was delivered on 13 July 2022 (Cause number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/558/eng@2025-02-27

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