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MagistrateDismissedNotice of Motion dated 15th April 2026 (Employment and Labour Relations Court cause, Memorandum of Claim dated 18th January 2024)· [2026] KEMC 147 (KLR)

Ambembo v Zoom Water Supplies Ltd (Employment and Labour Relations Cause E011 of 2024) [2026] KEMC 147 (KLR)

Employment and Labour Relations Court
25 June 2026
1,545 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to overturn a default judgment against Zoom Water Supplies because the company was validly served by email and offered no real defence.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Mombasa (Emily M. Mwamuye, Senior Resident Magistrate) on a Notice of Motion dated 15th April 2026 by the Respondent/Judgment Debtor, Zoom Water Supplies Limited, seeking stay of execution, setting aside of a default judgment delivered on 27th June 2025 (Kshs.607,291.70 plus taxed costs of Kshs.68,750), lifting of warrants of attachment and setting aside of a proclamation of attachment, and leave to file a defence out of time. The Claimant, Ronald Otiende Ambembo, a former driver who claimed unlawful and unfair termination of employment, had served the originating process electronically at moadam40@yahoo.com and obtained an undefended judgment. The company claimed it only learned of the suit on 24th March 2026 when the decree was served at zoomwater484@gmail.com. The court framed five issues and held that service was proper: the company's own service letter and the claimant's staff identity card bore moadam40@yahoo.com as the company's official contact, and the Applicant produced no evidence of when the transition to the Gmail address occurred. The judgment was therefore regular, not irregular. On the discretionary power under Order 10 Rule 11, the court found the application prompt but noted the absence of any draft defence disclosing triable issues - only broad assertions of settlement, limitation and disputed computations - and declined to set aside the judgment, balancing the right to be heard against the finality of litigation. The warrants and proclamation could not be vacated as they issued from a valid decree, and the allegations against the auctioneer were unsubstantiated. The application was dismissed with costs to the Claimant, and the interim stay was discharged.

Key legal issues

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01

Validity of electronic service

Holding

Service effected through moadam40@yahoo.com was proper; the email address was shown, by the Respondent's own employment records (service letter and staff identity card), to belong to the company

Reasoning

The Memorandum of Claim directed service to moadam40@yahoo.com and the affidavit of service confirmed transmission. The company's own service letter and the claimant's staff identity card bore that email as the company's official contact. The Applicant produced no evidence of when the transition to zoomwater484@gmail.com occurred or that the old address was inactive. Service on a balance of probabilities was established.

p. 2
02

Regular versus irregular judgment

Holding

The judgment of 27th June 2025 was regular because the Applicant was served but failed to participate

Reasoning

Following James Kanyiita Nderitu, the court distinguished irregular judgments (entered without service) from regular ones (entered after service where the defendant defaults). Since service was found proper, the interlocutory default judgment was regular.

p. 3
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Discretionary setting aside of a regular judgment

Holding

The discretion under Order 10 Rule 11 was not exercised in the Applicant's favour; no draft defence disclosing triable issues was presented

Reasoning

Although the application was brought promptly after discovery, the Applicant made only broad assertions (settlement, limitation, disputed computations) without a draft defence enabling evaluation of merits. The court balanced the right to be heard against the need for finality in litigation, noting the Claimant had waited a considerable period to enjoy the fruits of the judgment.

p. 4

Legal principles established

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  • An irregular judgment is one entered without service; a regular judgment is one entered after service where the defendant fails to enter appearance or file a defence
  • Electronic service to an email address associated with the party constitutes valid service under Order 5 Rule 22B of the Civil Procedure Rules
  • In setting aside even a regular judgment the court considers explanation for default, delay, plausibility of defence and prejudice

Court orders

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  1. 1.The Notice of Motion dated 15th April 2026 is dismissed
  2. 2.Finding that the Applicant was duly served with the originating process through the email address moadam40@yahoo.com
  3. 3.The judgment delivered on 27th June 2025 was a regular judgment
  4. 4.The prayer seeking to set aside the judgment is declined
  5. 5.The prayer seeking leave to file a Statement of Response and Defence out of time is declined
  6. 6.The prayer seeking lifting of the Warrants of Attachment and Sale is declined
  7. 7.The prayer seeking setting aside of the Proclamation of Attachment is declined
  8. 8.The interim stay of execution previously granted is discharged
  9. 9.The Claimant/Decree Holder is at liberty to proceed with execution in accordance with the law
  10. 10.Costs of the application awarded to the Claimant/Decree Holder

Authorities

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Legislation

  • Civil Procedure RulesOrder 5 Rule 22B
  • Civil Procedure RulesOrder 10 Rule 11
  • Electronic Case Management Practice Directionsnot specified

Cases cited (3)

  • James Kanyiita Nderitu & Another v Marios Philotas Ghikas & Another
    [2016] eKLR
  • Patel v East Africa Cargo Handling Services Ltd
    [1974] EA 75
  • Shah v Mbogo
    [1967] EA 116
Jurisdiction invoked
Inherent and discretionary powers under Order 10 Rule 11 of the Civil Procedure Rules and the Employment and Labour Relations Court's jurisdiction over employment dues claims

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, "Ambembo v Zoom Water Supplies Ltd (Employment and Labour Relations Cause E011 of 2024) [2026] KEMC 147 (KLR)", Case Analysis (2026). Notice of Motion dated 15th April 2026 (Employment and Labour Relations Court cause, Memorandum of Claim dated 18th January 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/147/eng@2026-06-25

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