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ELRCDismissedNot stated in the judgment· [2025] KEELRC 1577 (KLR)

Shollei v Keroche Breweries Limited (Cause 35 of 2019) [2025] KEELRC 1577 (KLR)

Employment and Labour Relations Court
30 May 2025
JRJAMES RIKA
839 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This first-instance ruling of the Employment and Labour Relations Court at Nakuru, delivered by James Rika, Judge, on 30th May 2025, determines the Respondent's application dated 3rd March 2025. The Respondent sought leave for the firm of Waruiru Karuku & Mwangale Advocates to come on record, a stay of execution of the judgment, decree and consequential orders, and setting aside or variation of the decree. The application was supported by the affidavit of Nicholas Kipchirchir Kechir, said to be the Respondent's Operations Manager, who alleged that former advocates failed to serve the new advocates with notice of taxation, leading to dismissal of the Respondent's appeal for want of prosecution and subsequent proclamation of the Respondent's goods. The Claimant opposed, contending that Kechir was a disgruntled employee, that the Respondent had participated in taxation by filing submissions, and that the Respondent's CEO, Tabitha Karanja, had executed a memorandum of understanding on 20th February 2024 to pay the decretal sum of Kshs. 56,921,992.00 in instalments but never paid. The Court found judgment had been delivered on 27th September 2022 for Kshs. 45,550,051, the appeal to the Court of Appeal had been dismissed, and only satisfaction of the decree remained. Holding itself functus officio, and noting the advocate-on-record claim was contradicted by the record, the Court concluded the application was a delaying tactic, declined it, and awarded costs to the Claimant.

Key legal issues

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01

Functus officio in respect of the finalized decree

Holding

The Court had no jurisdiction to stay, vary or set aside its judgment of 27th September 2022; only satisfaction of the decree remained

Reasoning

Judgment was delivered in 2022 awarding the Claimant Kshs. 45,550,051. The Respondent's appeal to the Court of Appeal was dismissed, leaving only execution. The Court held it had reached the limit of its jurisdiction on the substantive dispute and was functus officio, so no basis existed to entertain the Respondent's application.

p. 2
02

Whether the Respondent's new Advocates lacked notice of taxation proceedings

Holding

The claim of non-service was false; the firm filed a Notice of Change of Advocates and submissions on taxation dated 5th December 2022

Reasoning

The Court found the Respondent's affidavit contradicted by the record: Waruiru Karuku & Mwangale Advocates came on record on 9th March 2023 and filed taxation submissions, so they could not have been unaware of taxation proceedings, undermining the entire application.

p. 2
03

Whether the application was an abuse of process intended to delay execution

Holding

The application was merely intended to delay execution of the decree and had no merit

Reasoning

The Respondent's CEO negotiated and executed a memorandum of understanding for payment of the decretal sum by instalments but did not pay, and the Respondent resorted to delaying tactics including obstruction of attachment by police. The Court concluded the application lacked merit.

p. 3

Legal principles established

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  • Once a court has delivered final judgment on the substantive dispute and only satisfaction of the decree remains, it is functus officio and cannot revisit, stay, vary or set aside its own judgment

Court orders

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  1. 1.The application dated 3rd March 2025 filed by the Respondent is declined
  2. 2.Costs to the Claimant
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over satisfaction of its own decree; the Court states it is functus officio on the substantive dispute

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, "Shollei v Keroche Breweries Limited (Cause 35 of 2019) [2025] KEELRC 1577 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1577/eng@2025-05-30

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