Kenya Hotels and Allied Workers Union v Praying Mantis Limited (Octopus Club) (Cause 129 of 2013) [2025] KEELRC 801 (KLR)

Section 16 of the ELRC Act confers power to review judgments, orders or decrees in accordance with the rules. Rule 74(1) sets out grounds including discovery of new matter, error apparent on the face of the record, clarification, and sufficient cause. The applicant did not plead any of these grounds, but because the substance of the motion was the scope of its liability under the Garnishee Order absolute, the court proceeded to determine that issue on its merits rather than dismissing the application outright.

The purpose of garnishee proceedings is to enable the judgment creditor to recover funds held by the garnishee. The order nisi binds the debt and creates a charge in favour of the judgment creditor; the garnishee can only be made liable up to the funds actually held. The applicant exhibited the account statement showing a balance of Kshs.51,656.48, while the claimant did not demonstrate the alleged progressiveness of the account or any basis for an instalment arrangement. Fairness therefore required limiting liability to the frozen balance.

The garnishee was served with the order nisi on 28th August 2024 but made no attempt to explain its non-attendance at the hearing since 7th October 2024. Under Order 23 Rule 4, a garnishee that does not appear risks execution against it. However, the claimant's proposal that the account be treated as progressive and paid over as deposits lacked evidential foundation. The court balanced these factors by reviewing the order absolute to cap liability at the frozen balance rather than discharging the garnishee entirely.