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ELRCAllowedCause No 160 of 2009· [2025] KEELRC 3011 (KLR)

University Academic Staff Union & 2 others v Kenyatta University (Cause 160 of 2009) [2025] KEELRC 3011 (KLR)

Employment and Labour Relations Court
31 October 2025
2,349 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan court stopped an auction over a job dispute because the debt collectors pursued expired interest and skipped a required legal warning step.

What this practically means

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Executive summary

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The Respondent/Applicant moved the court by Notice of Motion dated 7th April 2025 seeking to lift and set aside Warrants of Attachment dated 20th March 2025 and a Proclamation of Attachment dated 1st April 2025 issued in execution of a decree arising from an award of reinstatement and monetary dues to the Claimants, quantified in a Ruling of 10th March 2020 and varied on 13th June 2024 when costs were held not payable. The Applicant contended it had fully settled the decretal sums, that the warrants were defective for including set-aside taxed costs and stale interest spanning some 14 years contrary to Section 4(4) of the Limitation of Actions Act, and that execution commenced more than a year after the decree without the notice to show cause required by Order 22 Rule 18(1)(a) of the Civil Procedure Rules. The 2nd and 3rd Claimants opposed, arguing part payments in October 2024 reset the limitation period under Section 23(3), that the decretal amount was not fully paid, and that no prejudice was caused by the absence of the notice; they conceded the inclusion of taxed costs was an error. The Court isolated three issues and held that the claim for arrears of interest was time-barred since the six-year period for interest runs from when interest fell due and is not reset by payments; that the warrants were defective for including taxed costs not awarded by the decree; and that the omission of the notice to show cause was an essential procedural breach, Article 159(2)(d) notwithstanding. The application was allowed: the warrants and proclamation were lifted and set aside, with no orders as to costs.

Key legal issues

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01

Whether the claim for arrears of interest was time-barred under Section 4(4) of the Limitation of Actions Act

Holding

The claim for arrears of interest was time-barred; part payments by the judgment debtor did not reset the limitation period for interest.

Reasoning

Section 4(4) sets a distinct six-year period for recovering arrears of interest, running from the date the interest became due. Section 23(3) contains a proviso that payment of part of the interest due does not extend the period for the remainder, and payment of interest is treated as payment on the principal. The record showed payments exceeded the principal sum, so the Claimants' pursuit related solely to interest, which was beyond six years.

p. 4
02

Whether the warrants of attachment were defective

Holding

The warrants were defective because they included taxed costs of Kshs. 276,261.50 which the Court had ruled were not payable.

Reasoning

The Claimants conceded that inclusion of the taxed costs was an error. Warrants of execution must reflect the decree accurately; since no costs had been awarded, the warrants bore an element not sanctioned by the decree and were therefore defective.

p. 4
03

Whether failure to issue a notice to show cause under Order 22 Rule 18(1)(a) invalidated the execution

Holding

Execution commenced more than one year after the decree without a notice to show cause was irregular and unlawful.

Reasoning

About five years elapsed between decree and execution, so Order 22 Rule 18(1)(a) required a notice to show cause. The requirement safeguards the judgment debtor's right to be heard before execution; Article 159(2)(d) does not excuse non-compliance with essential procedural requirements. Failure to issue the notice rendered the execution process invalid.

p. 5

Legal principles established

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  • The six-year limitation period for arrears of interest on a judgment debt runs from the date the interest became due and is not reset by part payments by the judgment debtor.
  • A payment of part of the interest due does not extend the limitation period for claiming the remaining interest; payment of interest is treated as payment towards the principal debt.
  • Warrants issued in execution must accurately mirror the contents of the decree.
  • The notice to show cause requirement under Order 22 Rule 18(1)(a) is a crucial safeguard, not a mere procedural formality, and Article 159(2)(d) does not excuse non-compliance with essential procedural requirements.

Court orders

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  1. 1.The application dated 7th April 2025 is allowed
  2. 2.The Warrants of Attachment dated 20th March 2025 are lifted and set aside
  3. 3.The Proclamation Notice dated 1st April 2025 issued by Rubitch Auctioneers is lifted and set aside
  4. 4.No orders as to costs

Authorities

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Legislation

  • Limitation of Actions ActSection 4(4)
  • Limitation of Actions ActSection 23(3)
  • Employment ActSection 49
  • Civil Procedure Rules, 2010Order 22 Rule 18(1)(a)
  • Civil Procedure RulesOrder 21 Rule 1
  • Constitution of Kenya, 2010Article 159(2)(d)
  • Constitution of Kenya, 2010Article 48
  • Civil Procedure Act (Chapter 21 of the Laws of Kenya)Section 1B

Cases cited (3)

  • Assia Pharmaceuticals Ltd v Kenya Alliance Insurance Co. Ltd
    [2021] KEHC 19 (KLR)
  • Republic v Attorney General & Another; Ex Parte Sarah Awinja Babu & Another
    [2019] KEHC 2817 (KLR)
  • Raila Odinga & 5 Others v IEBC & Others
    [2013] eKLR
Jurisdiction invoked
Original enforcement jurisdiction over its own decree (executions arising from awards in Employment and Labour Relations Court proceedings); no specific constitutional or statutory provision invoking jurisdiction is stated.

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, "University Academic Staff Union & 2 others v Kenyatta University (Cause 160 of 2009) [2025] KEELRC 3011 (KLR)", Case Analysis (2025). Cause No 160 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3011/eng@2025-10-31

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