Jin v Kwale International Sugar Company Limited; BN Kotecha & Sons Limited & 2 others (Objector) (Cause E010 of 2023) [2025] KEELRC 2812 (KLR)

the respondent has no legal or equitable interest. If execution is allowed to proceed, the objectors will sufier loss and damage, whereas they are not parties to these proceedings. 3. In reply, the claimant asserts that the objectors are companies registered in the same group as the respondent, and therefore, they are not separate entities. The human resource director who terminated the claimant’s employment is the subject of a shared dispute between the respondent and the objectors, and the instant proceedings are only meant to hide the true identity of the decree holder. The claimant received various communications from Unifresh Exotic Limited, the 3rd objector, indicating a close relationship between the respondent and the objectors. 4. Execution proceedings are lawful and legitimate. Upon the court decree, the warrants of attachment issued or Warrants of Sale issued are part of the judicial process to enforce its orders. The decree holder or auctioneers act as the agents of the court to secure lawful orders. 5. However, illegal, irregular and unlawful execution of a decree by any party against the property of a third party negates the very essence of execution proceedings as held in Arisa v Kipkebe Limited; Ryce EA Limited (Objector) [2025] KEELRC 1468 (KLR). Great diligence should be undertaken to ensure compliance with the law. 6. The objectors assert that they hold legal and equitable title to vehicle registration numbers KCA XXXQ, KAW XXXK, KAX XXXM, KBH XXXQ, KBE XXXE, and KAC XXXB. The claimant has obtained warrants of attachment and sale of their properties, yet they are not the respondent who is required to satisfy the decree herein. The objectors filed NTSA records over vehicle registration numbers: KCA XXXQ, owned by Kotecha and Sons Ltd, KAW XXXK, owned by Unifresh Exotics K Limited, KAX XXXM, owned by Unifrsh Exotics K Limited, KBH XXXQ, owned by Unifreesh Exotics K Limited, ZDXXX trailer, owned by Unifresh Exotics K Limited, KBE XXXE, owned by Unifresh Exotics K Limited, KAC XXXB is owned by Pabari Distributors Limited. 7. In response to the Memorandum of Claim, the respondent admitted that the claimant was employed through a letter dated 9 October 2020 and was placed under the 3rd objector as part of the group of companies. In the supporting statement of Amos Suge, this fact is confirmed. 8. The ofier of employment issued to the claimant is under the name of Unifresh Exotics K Limited and executed by H. Kotecha as the director. Projects James Otieno, the Human Resources and Administration manager, confirmed the ofier of employment. 9. Communications during employment were mainly between the claimant and Harshil Kotecha. 10. The respondent issued the notice terminating employment at Kwale International Sugar Co. Ltd., signed by H. Kotecha and James Otieno. 11. Of interest are the statutory payments to NHIF. These are remitted interchangeably between the respondent and 3rd objector, Unifresh K Limited. There is a third entity, East Global K Limited. 12. There is a direct correlation between the respondent and 3rd objector to the claimant. The ofier of employment, payment and remittance of statutory dues and interrelations during employment. The https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2812/eng@2025-10-16 2

page 2 of 3

3rd objector can't extricate itself from the execution proceedings commenced through the decree and warrants of attachment issued on 30 June 2025. Having ofiered the claimant employment, the 3rd objector cannot turn around and claim the respondent terminated employment; therefore, they should satisfy the decree and not hide behind the objection proceedings. 13. The basis of the relations between parties must be traced from the definition of the employer under section 2 of the Employment and Labour Relations Court, an agent of the employer holds similar responsibility as the employer: “ employer” means any person, public body, firm, corporation or company who or which has entered into a contract of service to employ any individual and includes the agent, foreman, manager or factor of such person, public body, firm, corporation or company; 14. In this case, the agency of the 3rd objector in the employment and interrelations between the claimant and the respondent is distinct and direct. 15. Save for properties owned by the 1st and 2nd objectors, which are distinguishable and include motor vehicle registration numbers KCA XXXQ and KAC XXXB, the properties owned by the 3rd objector are available for execution. These include, KAW XXXK, owned by Unifresh Exotics K Limited, KAX XXXM, owned by Unifresh Exotics K Limited, KBH XXXQ, owned by Unifresh Exotics K Limited, ZDXXX trailer, owned by Unifresh Exotics K Limited, KBE XXXE, owned by Unifresh Exotics K Limited, 16. Accordingly, the application dated 7 August 2025 is partially successful. Execution against the 1st and 2nd objector properties is stayed. The execution against the 3rd objector's properties is lawful and legitimate. The attachment and sale of Motor vehicle registration numbers KAW XXXK, KAX XXXM, KBH XXXQ and KBE XXXE shall proceed as proclaimed. The 3rd objector shall meet the costs due to the claimant. DELIVERED IN OPEN COURT AT MOMBASA, THIS 16TH DAY OF OCTOBER 2025. M. MBARŨ JUDGE In the presence of: Court Assistant: Japhet ……………………………………………… and ………………………………………… https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2812/eng@2025-10-16 3

page 3 of 3