Jasper Nyaboga v Party of National Unity [2014] KEELRC 592 (KLR)

Summary at a glance

Facts

Claimant made an application for garnishment of Kshs.4,639,625 as security for gratuity payment. The Court issued an order for garnishment on August 6, 2013, and made it absolute on December 9, 2013. The Respondent sought refund or deposit of the money in court.

Issues

• Clarification of the order for release of money to the Claimant's Advocates
• Retention of the money by the Claimant's Advocates as security

Reasoning

The Court clarified that the money was to be released to the Claimant's Advocates, not the Claimant in person. The Claimant's Advocates should ensure the money is in their Advocate-Client Account before any further steps are taken.

Outcome

The Respondent's application for review is granted.

Orders

• The sum of Kshs.4,636,625 shall be retained by the Claimant's Advocate as security for the Claimant's Gratuity Payment
• The Claimant's Advocates to ensure the said money is in their Advocate-Client Account before any further step can be taken in prosecution of the Claim

Remedies

• No order on the costs