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ELRCPartially AllowedNot stated in the extract (Mombasa ELRC proceedings; related suit Mombasa CM ELRC Cause No. E0671 of 2023)· [2025] KEELRC 2695 (KLR)

Omamo v Unigrain Equipment Limited (Miscellaneous Application E051 of 2023) [2025] KEELRC 2695 (KLR)

Employment and Labour Relations Court

30 September 2025

OKOcharo Kebira

546 words in judgment

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The bottom line

Kenya's Employment Court ordered a company's directors to appear in court and disclose its assets so a worker can finally collect his awarded compensation.

What this practically means

Executive summary

The Applicant, a decree holder, moved the Employment and Labour Relations Court at Mombasa by Notice of Motion dated 26th March 2025 seeking orders that four named directors/shareholders of the Respondent company attend court for examination under oath as to its books of accounts and documents, and, in default, that the corporate veil be lifted and they be held personally liable for the decree of Kshs 379,052.40 (decretal sum, costs and interest) or be committed to civil jail for not less than six months. The application was unopposed. The Applicant had earlier obtained a ruling dated 20th June 2024 adopting an award of the Director of Occupational Safety and Health Services as judgment of the court, with a decree of Kshs 284,773 plus costs of Kshs 63,695 and interest. Execution attempts failed because the enterprise was no longer operating at its former premises and could not be traced elsewhere. A CR12 from the Registrar of Companies identified the four named persons as directors/shareholders. The court, Ocharo Kebira J, found the application merited and granted it in part: the directors were directed to attend court on 23rd October 2025 for examination under oath as to the Respondent's assets and status and to produce its books of accounts. The prayers for lifting the corporate veil and for costs were deferred for determination after those proceedings. The judgment was read, signed and delivered virtually in Mombasa on 30th September 2025.

Key legal issues

Examination of directors/shareholders of a judgment debtor company

Holding

Application merited and granted in part; directors ordered to attend court for examination and to produce books of accounts

Reasoning

The court considered the unopposed application and supporting affidavit. The award had been adopted as judgment, a decree of Kshs 284,773 plus costs and interest issued, and execution attempts failed because the enterprise was no longer operating at its known premises. A CR12 from the Registrar of Companies identified the named persons as directors/shareholders. The court found the justice of the matter demanded the orders against the directors.

p. 2

Legal principles established

A decree holder is entitled to examine a judgment debtor's directors under oath as to the company's books of accounts, assets and status in order to realise the fruits of the judgment

Court orders

1.Collins Otwere Onchoke, Duncan Kisoi Oyugi, Charles Mwita Kithinji, and Charles Madegwa Wakukha, the Directors/Shareholders of the Respondent Company, are directed to attend court on 23rd October 2025 to be examined under oath as regards the Respondent's assets and status, and to produce its books of accounts
2.Limb (ii) and (iii) of the Notice of Motion shall be determined following the proceedings of 23rd October 2025

Jurisdiction invoked: Enforcement/execution jurisdiction of the ELRC over its decrees, including examination of judgment debtors' directors as to assets

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Omamo v Unigrain Equipment Limited (Miscellaneous Application E051 of 2023) [2025] KEELRC 2695 (KLR)", Case Analysis (2025). Not stated in the extract (Mombasa ELRC proceedings; related suit Mombasa CM ELRC Cause No. E0671 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2695/eng@2025-09-30

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