Kenya Union of Domestic, Hotels, Educational Institutions Hospitals and allied Workers v Board of Governors Kirinyaga Technical Institute & another [2017] KEELRC 749 (KLR)

Summary at a glance

Facts

The Objector, a constituent college of Kirinyaga Technical Institute, sought to have a decree and warrant of attachment and sale stayed and the proclamation and attachment of certain goods lifted. The Objector claimed ownership of the goods and argued that the Respondent (Kirinyaga Technical Institute) had transferred its assets to the Objector.

Issues

• Ownership of goods proclaimed by Taifa Auctioneers
• Transfer of assets from Kirinyaga Technical Institute to Kirinyaga University College

Reasoning

The Objector has taken over the assets of Kirinyaga Technical Institute and must also carry its liabilities. The historical data and the Kirinyaga University College Order, 2011, support the transfer of assets to the University College.

Outcome

Objector's application dismissed

Orders

• Stay of execution of decree and resultant warrant of attachment and sale issued on 10th March 2017 vacated
• Lifting of the proclamation and attachment of motor vehicles registration number KCE 756D, KBW 091V and KBN 583E, plasma television, photocopier machine, students’ seats, office sofa sets, office desks, reception seats, coffee tables, filing cabinets, office computers, executive seat and executive desks proclaimed by Taifa Auctioneers on 13th March 2017