Githanga & 3 others v County Government of Nyandarua; Kenya Commercial Bank & another (Garnishee) (Cause 358 of 2016) [2022] KEELRC 13191 (KLR) (15 November 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 13191
- Citation
- [2022] KEELRC 13191 (KLR)
- Decided
- 15 November 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLabour DisputePostureAppeal from a judgment in a garnishee applicationCoramHS WASILWA, Mabeya, Muigai
Holding
The preliminary objection is allowed and the garnishee order is dismissed.
Facts
The claimants are decree holders seeking to garnish the respondent's accounts held at Kenya Commercial Bank and Equity Bank Limited. The respondent filed a notice of appeal and a preliminary objection.
Issues
- Whether the County Government is exempted from execution proceedings especially garnishee proceedings.
- Whether section 21 of the Government Proceedings Act applies to County Governments.
- Whether it’s necessary to seek prerogative orders for satisfaction of decrees/orders against the County Government.
- Whether a court can be executed prior to the taxation of costs.
Reasoning
The County Government is part of the government and no execution by attachment can issue against its movable or immovable property. Garnishee proceedings cannot proceed against the County Government except as provided for under the Government Proceedings Act.
Outcome
The garnishee application is dismissed.
Orders
- Preliminary objection is allowed.
- Garnishee order is dismissed.
Authorities cited
Legislation (3)
- Government Proceedings Act
- Civil Procedure Rules
- Constitution of Kenya
Cases cited (1)
- Kennedy Wainaina Njenga Vs County Government of Nairobi & Co-op Bank of Kenya (Garnishee) 2019 eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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