Wangalwa v County Assemblies Forum (CAF) & 2 others; Kcb Bank Ltd (Garnishee) (Petition E069 of 2023) [2025] KEELRC 2075 (KLR) (10 July 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2075
- Citation
- [2025] KEELRC 2075 (KLR)
- Decided
- 10 July 2025
The court grants a stay of execution of the decree issued on 29th November 2024 pending the hearing and determination of the application. The Judgment Debtor is ordered to pay the decretal sum in four equal instalments with effect from end of July 2025 and at end of each subsequent month until payment in full.
Facts
Judgment was delivered on 16th July 2024 and a subsequent decree was issued on 29th November 2024. The Judgment Debtor proposed to pay the decretal sum through four monthly instalments of Kshs. 290,504.
Issues
- whether the court is functus ocio
- whether the applicant has provided sufficient reasons to defray the decretal sum by way of monthly instalments
- whether stay of execution of the decree be granted pending the payments of the decretal sum in instalments
- whether the application was led without unreasonable delay
Reasoning
The court found that the Judgment Debtor is committed to satisfy the decree but is constrained by its financial operations. The court granted a stay of execution and ordered the Judgment Debtor to pay the decretal sum in instalments.
Outcome
The application was granted.
Orders
- stay of execution of the decree issued on 29th November 2024 pending the hearing and determination of the application
- order the Judgment Debtor to pay the decretal sum in four equal instalments with effect from end of July 2025 and at end of each subsequent month until payment in full
Remedies
- stay of execution of the decree issued on 29th November 2024
Authorities cited
Cases cited (1)
- Telkom Kenya Limited v John Ochanda (Suing On His Own Behalf and on Behalf Of 996 Former Employees of Telkom Kenya Limited) [2014] KECA 600 (KLR)
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