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ELRCPartially AllowedPetition No E069 of 2023· [2025] KEELRC 2075 (KLR)

Wangalwa v County Assemblies Forum (CAF) & 2 others; Kcb Bank Ltd (Garnishee) (Petition E069 of 2023) [2025] KEELRC 2075 (KLR)

Employment and Labour Relations Court
10 July 2025
2,789 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court allowed a judgment debtor to pay a decretal sum in four monthly instalments, but missed payments mean immediate execution.

What this practically means

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Executive summary

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The Judgment Debtor (1st Respondent), an umbrella body for the 47 county assemblies, moved the court by Notice of Motion dated 4th February 2025 under Order 21 Rule 12 of the Civil Procedure Rules seeking stay of execution of a decree issued on 29th November 2024 and leave to satisfy the decretal sum in four monthly instalments of Kshs. 290,504 from February 2025. It argued that the court was not functus officio because an instalment application is incidental to perfecting the decree; that it could not pay in a lump sum as it awaited subscriptions from county assemblies; that as a government agency it was shielded from execution under the Government Proceedings Act; and that the application was filed without inordinate delay. The Decree Holder opposed, contending that the application was improperly founded on Order 21 Rule 12 rather than Order 22 Rule 22 or Order 42 Rule 6; that the Judgment Debtor, being a society registered under the Societies Act, was not a government agency and had held itself out as independent; that no evidence of financial hardship was tendered; and that the proposal was made in bad faith as it deducted Kshs. 178,600 for an unpleaded laptop claim. The court held it retained jurisdiction as the application was incidental to perfecting its decree, found the four-instalment proposal reasonable, and granted a conditional stay of execution with instalments commencing at the end of July 2025, failing any instalment execution to proceed. It delivered its ruling virtually at Nairobi on 10th July 2025 but made no order on costs.

Key legal issues

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01

Whether the court was functus officio

Holding

The court was not functus officio; determining instalment payment and stay is incidental to perfecting the decree, not merit-based re-engagement.

Reasoning

The Judgment Debtor invoked the doctrine as articulated in Telkom Kenya Limited v John Ochanda, which bars only merit-based decisional re-engagement after final judgment and decree. An application under Order 21 Rule 12 for payment in instalments does not reopen the merits but ensures the order is perfected, so the court retains jurisdiction.

p. 3
02

Whether sufficient reason existed to allow payment of the decretal sum in instalments

Holding

Yes - the court found the proposal to pay in 4 equal instalments reasonable, notwithstanding the Decree Holder's objections that no evidence of hardship was given and that the proposal was not made in good faith.

Reasoning

The Judgment Debtor stated it had not refused to pay but was constrained financially, awaiting subscriptions from county assemblies, and was prepared to settle in four instalments. The court found this reasonable in the circumstances, though it adjusted the commencement date to end of July 2025 and tied the stay to performance.

p. 6
03

Whether a stay of execution should be granted

Holding

Stay granted conditionally, with default provision allowing execution if any instalment is missed.

Reasoning

To avoid further miscarriage of justice, the court granted the stay on condition of payment in four equal instalments from end of July 2025, with execution to proceed in default of any one instalment.

p. 6

Legal principles established

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  • The functus officio doctrine does not bar a court from engaging with matters incidental to perfecting its own decree, such as an application for payment by instalments under Order 21 Rule 12
  • A judgment debtor seeking payment by instalments must demonstrate bona fides and sufficient reason; mere inability to pay in a lump sum is not enough

Court orders

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  1. 1.Stay of execution of the decree issued on 29th November 2024 granted on condition that the Judgment Debtor settles the decretal sum in 4 equal instalments with effect from the end of July 2025 and at the end of each subsequent month until payment in full
  2. 2.In default of any one instalment, execution may proceed

Authorities

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Legislation

  • Civil Procedure RulesOrder 21 Rule 12
  • Civil Procedure RulesOrder 22 Rule 22
  • Civil Procedure RulesOrder 42 Rule 6
  • Civil Procedure RulesOrder 29 Rule 2(2)(b)
  • Government Proceedings ActSection 21
  • Societies ActNot specified

Cases cited (8)

  • Telkom Kenya Limited v John Ochanda (Suing On His Own Behalf and on Behalf Of 996 Former Employees of Telkom Kenya Limited)
    [2014] KECA 600 (KLR)
  • Keshval Jethabhai & Brothers Ltd v Saleh Abdul
    [1959] EA 26
  • Freight Forwarders Ltd v Elsek & Elsek (K) Ltd
    (2012) eKLR
  • Ayuma & 11 others (Suing on their own Behalf and on Behalf of Muthurwa Residents) v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme & 2 others; Kothari (Interested Party)
    (Petition 65 of 2010) [2013] KEHC 6003 (KLR)
  • RD Shetty v The International Airport Authority of Indian & ors
    (1979) 1 SCR 1042
  • Tom Ojienda & Associates v National Land Commission & another
    [2019] KEHC 4807 (KLR)
  • Reliable Concrete Works v Ngewanji Company Ltd
    [2022] KEHC 12594 (KLR)
  • Jersey Evening Post Ltd Vs Ai Thani
    [2002] JLR 542
Jurisdiction invoked
Order 21 Rule 12 of the Civil Procedure Rules, 2010 (postponement of payment / payment of decretal sum in instalments); inherent jurisdiction to ensure its decree is perfected

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, "Wangalwa v County Assemblies Forum (CAF) & 2 others; Kcb Bank Ltd (Garnishee) (Petition E069 of 2023) [2025] KEELRC 2075 (KLR)", Case Analysis (2025). Petition No E069 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2075/eng@2025-07-10

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