Akanga v Capital Markets Authority (Employment and Labour Relations Cause 1187 of 2014) [2025] KEELRC 1359 (KLR) (8 May 2025) (Ruling)

Facts

The Respondent (Capital Markets Authority) filed an application for orders regarding the amount due to the Claimant (Solomon Akanga) and the timing of interest calculation.

Issues

1. The judgment was delivered on 6/10/2022 and so any decree extracted ought to bear the same date of 6/10/2022 in terms of Order 21 R8 of Civil Procedure Rules.
2. That the execution is made more than a year since the decree was filed and so notice to show cause ought to be first issued in terms of Order 22 R18(1) (e) of Civil Procedure Rules.
3. That no decree has been extracted or shared with the Applicant prior to the execution in violation of Order 21 R8 (2) to (4) of Civil Procedure Rules.

Reasoning

The court clarifies that interest on the principal sum is payable with interest at court rates from the date of filing suit till payment in full. The principle cited by the Applicant is not applicable to the facts of this case.

Outcome

The court orders that the warrants of attachment are dated 9th October 2024, and the opportunity to challenge the interest payable is mitigated by the clarification that interest for the entire decretal sum is payable with interest at court rates applicable as at the date of the judgment.

Authorities cited