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ELRCPartially AllowedNot stated in the judgment· [2025] KEELRC 1872 (KLR)

Devyan Food Industries Kenya Limited v Kanga (Appeal E053 of 2024) [2025] KEELRC 1872 (KLR)

Employment and Labour Relations Court
27 June 2025
995 words in judgment
View original judgmentRead on Kenya Law Watch case
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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 is a first-instance appellate decision of the Employment and Labour Relations Court at Nakuru (Rika J) against a ruling of the Trial Court dated 4th July 2024, which had dismissed an application for stay of execution in respect of a judgment of 20th July 2023 awarding the Respondent Kshs. 531,938. The Appellant, whose earlier conditional stay order from the E&LRC lapsed for non-compliance (failure to deposit the decretal sum into a joint interest-earning account), contested the attachment of its motor vehicle. Two issues were pressed: lawfulness of the proclamation, and whether statutory deductions were payable from the decretal sum. The Court held that the proclamation, signed on 1st November 2023 within the validity of warrants issued on 23rd October 2023, was lawful, and that the Appellant's non-compliance with the stay conditions left nothing to compel fresh proclamation; ground 1 accordingly failed. Ground 2 succeeded: the Trial Court erred in failing to determine whether statutory deductions were payable, an issue expressly raised before it, thereby implying the Respondent was exempt from income tax. Relying on Court of Appeal precedents and Sections 19(1)(f) and 49(2) of the Employment Act, 2007 and Section 37 of the Income Tax Act, the Court declared statutory deductions payable from the decretal sum. Grounds 3 and 4 were struck down as imprecise. The appeal was allowed on ground 2 only, with no order as to costs of the appeal.

Key legal issues

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01

Lawfulness of the proclamation of attachment

Holding

Ground 1 fails; the proclamation signed on 1st November 2023 was within the limit of the warrants of attachment dated 23rd October 2023 and was therefore lawful.

Reasoning

The Trial Court perused the record and found that the decree issued on 10th October 2023, warrants were issued on 23rd October 2023, and the proclamation was signed on 1st November 2023, within the validity of the warrants. The Appellant had failed to honour the conditional stay orders of the E&LRC by not depositing the decretal sum, and there was nothing compelling the Auctioneers to make a fresh proclamation. The Court found the Trial Court addressed this issue correctly.

p. 2
02

Statutory deductions from the decretal sum

Holding

Ground 2 succeeds; statutory deductions (including PAYE) are payable from the decretal sum notwithstanding the silence of the Trial Court ruling and the absence of express provision in the judgment.

Reasoning

The Trial Court was silent on the issue of statutory deductions, which had been specifically raised in the application dated 3rd June 2024, creating the impression that the Respondent was exempted from his statutory obligation to pay income tax. Relying on Section 19(1)(f) and Section 49(2) of the Employment Act, 2007 and Section 37 of the Income Tax Act, and on precedents of the Court of Appeal (Directline Assurance, Kioko Joseph, Andrew Mukite Saisi) followed by the E&LRC, the Court held that decretal awards are subject to statutory deductions which the employer is bound to effect and remit.

p. 3
03

Precision of grounds of appeal

Holding

Grounds 3 and 4 of the Memorandum of Appeal were not particular and unsustainable.

Reasoning

An appeal must be founded on concise grounds. Generalised complaints that the Trial Court misapprehended facts or failed to consider extensive material are imprecise and do not meet the requirement that grounds of appeal be specific. The Court declined to engage with those grounds on that basis.

p. 3

Legal principles established

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  • Awards of the Court are subject to statutory deductions, notwithstanding that the judgment did not make express provision for payment of tax.
  • Grounds of appeal must be specific and concise, not general.
  • A proclamation signed within the limit of the warrants of attachment is lawful; there is no obligation on Auctioneers to make a fresh proclamation.

Court orders

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  1. 1.The Appeal is allowed on ground 2.
  2. 2.Statutory deductions are payable from the decretal sum in the Judgment of the Trial Court.
  3. 3.No order on costs of the appeal.
On appeal from
The Trial Court (court below not identified in the judgment)
Jurisdiction invoked
Appellate jurisdiction of the Employment and Labour Relations Court over the ruling of the Trial Court (leave to appeal out of time previously granted by the E&LRC; specific provision not 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, "Devyan Food Industries Kenya Limited v Kanga (Appeal E053 of 2024) [2025] KEELRC 1872 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1872/eng@2025-06-27

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