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ELRCDismissedNot stated in the judgment

Kehodo v Scangraphics Kenya Ltd (Cause 437 of 2015) [2025] KEELRC 2019 (KLR)

Employment and Labour Relations Court
30 June 2025
1,335 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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A Nairobi employment court allowed auctioneers to attach property for a three-year-old unpaid judgment, refusing to halt execution on procedural technicalities.

What this practically means

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Executive summary

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The Respondent/Applicant, a judgment debtor, filed a Notice of Motion dated 11th December 2024 seeking a stay of execution of warrants of attachment issued to M/s Ruol Auctioneers on 9th December 2024 and the setting aside of those warrants. It relied on a judgment of 20th January 2022 for Kshs. 266,032 plus costs and interest, and on the fact that warrants for Kshs. 517,065 had been served without prior notice to show cause, arguing that under Order 22 Rules 6 and 18(1)(a) of the Civil Procedure Rules a notice was mandatory where execution is sought more than one year after the decree, and that no reasons had been recorded dispensing with such notice. The Claimant/Respondent opposed through a preliminary objection and replying affidavit, showing that earlier warrants entrusted to Mbeki Auctioneers were returned unexecuted because the applicant closed shop and disappeared; execution only became possible when, being a relative of the applicant's Director, he traced the company. He argued the application was a technicality contrary to Article 159 of the Constitution and would breach his rights under Articles 47 and 48. The court examined the averments, noted this was a second attempt to execute a decree the respondent had subverted, found no reason to warrant a stay of a decree pending execution for over three years, declined the stay, directed execution to proceed, and awarded costs in the cause.

Questions the Court framed

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

  1. 1.Whether a notice to show cause should have been issued to the Judgment Debtor before warrants of attachment were issued, given that the decree is more than one year old (Order 22 Rule 18(1)(a) of the Civil Procedure Rules)
  2. 2.Whether the warrants of attachment issued to M/s Ruol Auctioneers should be stayed and/or set aside
  3. 3.Whether the application is an abuse of process and a tactic to delay execution

Key legal issues

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01

Whether a notice to show cause was required under Order 22 Rule 18(1)(a) before issuing warrants of attachment against a judgment debtor where the decree is over one year old

Holding

The court declined to grant stay or set aside the warrants, effectively holding that the procedural requirement could not be used to shield a judgment debtor who had subverted execution for over three years

Reasoning

The applicant relied on Order 22 Rules 6 and 18 of the Civil Procedure Rules to argue that a decree over one year old required a notice to show cause before warrants issued. The respondent countered that prior execution attempts through Mbeki Auctioneers failed because the applicant closed shop and disappeared, and that strict reliance on the rules would be an undue technicality contrary to Article 159 of the Constitution and would breach the decree holder's rights under Articles 47 and 48. The court found no reason to warrant a stay of a decree pending execution for over three years.

p. 4

Legal principles established

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  • Where a judgment debtor has frustrated execution of a decree for over three years, the court will decline to grant stay on the basis of procedural notice requirements under Order 22 of the Civil Procedure Rules, in line with the constitutional command to administer justice without undue regard to technicalities

Court orders

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  1. 1.Stay of execution of the warrants of attachment issued to M/s Ruol Auctioneers on 9th December 2024 is declined
  2. 2.Execution of the decree to proceed
  3. 3.Costs in the cause

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original and supervisory execution jurisdiction of the Employment and Labour Relations Court over its own decree

Relief refused

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Stay of execution of the warrants of attachment issued to M/s Ruol Auctioneers

There was no reason to warrant a stay of a decree pending execution for over three years; the applicant was subverting execution

p. 4

Setting aside of the warrants issued to M/s Ruol Auctioneers

The Notice to show cause requirement was said not to arise on the facts as the applicant had frustrated prior execution attempts

p. 4

Costs

Costs in the cause

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.

It is true that there is currently no reason that would warrant another stay of execution of a decree which has been pending execution for over 3 years.
p. 4Stay of execution refused
In the circumstances of the case, I decline to grant stay orders as sought and direct execution to proceed. Costs in the cause.
p. 4Final orders - execution to proceed

Issues in the judgment

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minor

The judgment states the judgment in the claimant's favour was delivered on 20th January 2022, while the claimant's replying affidavit refers to delivery on 22nd January 2025 (and submissions refer to a decree issued on 22nd January 2022), creating internal inconsistency on the judgment/decree dates

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, "Kehodo v Scangraphics Kenya Ltd (Cause 437 of 2015) [2025] KEELRC 2019 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2019/eng@2025-06-30

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