Wangai v Tsimbiri & 10 others (Cause 11 of 2020 & 224 of 2017 (Consolidated)) [2025] KEELRC 1581 (KLR) (30 May 2025) (Ruling)

Summary at a glance

Facts

The Claimant obtained a judgment against the University in E&LRC Cause No. 224 of 2017, ordering the University to reinstate the Claimant as a Senior Lecturer without loss of benefits. The University reinstated the Claimant but did not pay the benefits. The Claimant initiated Cause No. 11 of 2020 for defamation and pursued general damages.

Issues

• Whether the University should recover costs from the decretal sum held in favor of the Claimant in Cause No. 224 of 2017.
• Whether the Claimant's costs should be recovered from the decretal sum held in favor of the Claimant in Cause No. 224 of 2017.
• Whether the 2 files should be deconsolidated.

Reasoning

The Court found that it is not prudent for the University and its employees to seek to attach the Claimant's salary for recovery of costs while the University has not satisfied the decree in Cause No. 224 of 2017. The Court ordered the University and its employees to recover their costs from the decretal sum held in favor of the Claimant in Cause No. 224 of 2017.

Outcome

The University and its employees are ordered to recover their costs from the decretal sum held in favor of the Claimant in Cause No. 224 of 2017.

Orders

• The University and its Co-Respondents shall recover their costs in Cause No. 11 of 2020, from the decretal sum held in favor of the Claimant by the University, in Cause No. 224 of 2017.
• The Claimant may proceed to execute on his balance, if the University fails to honour the terms of the consent dated 14th September 2021.
• The 2 files are deconsolidated.

Remedies

• Recovery of costs from the decretal sum held in favor of the Claimant in Cause No. 224 of 2017.