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ELRCDismissedNotice of Motion dated 11th March 2025 (ELRC)· [2025] KEELRC 2082 (KLR)

Bunde & 10 others v Family Health Options Kenya (Cause E161 of 2023) [2025] KEELRC 2082 (KLR)

Employment and Labour Relations Court
15 July 2025
HWHellen Wasilwa
1,843 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan employer tried to stop garnishee execution by claiming a settlement was fully paid, but without proof of payment the court ordered it to pay up.

What this practically means

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Executive summary

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The Respondent in the substantive suit (styled Respondent/Applicant) filed a Notice of Motion dated 11th March 2025 seeking to stay and set aside ex-parte orders issued on 12th March 2025 in the Claimants' garnishee proceedings, contending that the applications of 13th January and 27th February 2025 were obtained to mislead the court since the matter had been fully settled. The Applicant maintained it had calculated benefits at a gross figure of Kshs. 4,958,173, deducted Kshs. 1,429,059 in taxes, and paid the net sum of Kshs. 3,529,114, and that the consent order of 8th November 2023 captured only gross figures. The Claimants opposed, relying on the consent order of 8th November 2023 recorded before J Mwaure fixing settlement at Kshs. 5,523,508.01 net of PAYE, of which only Kshs. 3,418,875.60 had been paid, leaving a balance of Kshs. 2,204,632.91 owed to 9 of the 11 Claimants. The court examined the consent and the attached payment schedule, computing the amounts payable at Kshs. 6,434,016 before tax, and found that the Applicant's admitted payment of Kshs. 3,529,114 left an unexplained shortfall. Holding that the Applicant had not demonstrated full settlement, the court found the application unmerited, declined the stay, directed the Applicant to pay what is due with execution to proceed in default, and awarded costs to the Claimants. Judgment delivered virtually at Nairobi on 15th July 2025 by Hellen Wasilwa, Judge.

Key legal issues

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01

Whether the Applicant proved full settlement of the sums due under the consent order of 8th November 2023

Holding

The court found the Applicant had not demonstrated that the payments due, computed from the consent figures less tax, had been fully made; the application was therefore unmerited

Reasoning

The court compared the consent order figures against the Applicant's admitted payment of Kshs. 3,529,114. The consent-based computation totaled Kshs. 6,434,016 before tax. Deducting tax, the admitted payment still left an outstanding balance. The Applicant did not show how the shortfall had been discharged, so the claim that the matter was fully settled failed and the stay could not issue.

p. 4
02

Whether the ex-parte garnishee orders of 12th March 2025 should be stayed or set aside

Holding

Stay was declined; the Applicant was ordered to pay what is due, failing which execution to proceed

Reasoning

The Applicant argued the applications were obtained to mislead the court after full settlement. The court found the settlement incomplete, so there was no basis to stay or set aside the ex-parte orders. The Applicant, having been served with the executory orders and electing not to appear, could not show sufficient reason to displace the garnishee orders.

p. 4

Legal principles established

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  • A party seeking to set aside ex-parte orders must demonstrate that the underlying obligation has been satisfied; absent proof of payment of the amounts due under a consent order, stay/set-aside applications are unmerited.

Court orders

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  1. 1.Stay orders sought in the Notice of Motion dated 11th March 2025 declined
  2. 2.The Respondent/Applicant directed to pay up what is due to the Claimants, in default of which execution to proceed
  3. 3.Costs of the application awarded to the Claimants
Jurisdiction invoked
Employment and Labour Relations Court (Procedure) Rules, 2016

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, "Bunde & 10 others v Family Health Options Kenya (Cause E161 of 2023) [2025] KEELRC 2082 (KLR)", Case Analysis (2025). Notice of Motion dated 11th March 2025 (ELRC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2082/eng@2025-07-15

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