Wangalwa v County Assemblies Forum (CAF) & 2 others; Kcb Bank Ltd (Garnishee) (Petition E069 of 2023) [2025] KEELRC 2075 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Whether the court was functus officio
The court was not functus officio; determining instalment payment and stay is incidental to perfecting the decree, not merit-based re-engagement.
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.
Whether sufficient reason existed to allow payment of the decretal sum in instalments
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.
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.
Whether a stay of execution should be granted
Stay granted conditionally, with default provision allowing execution if any instalment is missed.
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.
Legal principles established
#- 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
#- 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.In default of any one instalment, execution may proceed
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.