Kioko v A-Z Data Solutions Limited (Cause 1289 of 2014) [2025] KEELRC 2272 (KLR) (31 July 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 2272
- Citation
- [2025] KEELRC 2272 (KLR)
- Decided
- 31 July 2025
Directors of the Respondent shall appear before the court for examination on oath as to the Respondent's means and assets on 1st October 2025, and shall file and serve the Claimant with the Respondent's books of account and any other relevant document(s) not later than fourteen (14) days before the date fixed for their examination.
Facts
Claimant won a judgment in 2016 for Kshs. 3,116,667 against Respondent. The judgment was not satisfied. Claimant moved the court seeking to examine Respondent's directors and produce their books of account.
Issues
- Whether the directors of the Respondent are in a position to provide information regarding the Respondent's means and assets.
- Whether the Respondent has any assets to satisfy the judgment debt.
Reasoning
The court held that the directors are in a position to provide information regarding the Respondent's capability to settle the debt owed to the Claimant, and that the process of examination is necessary to establish the reason why the Respondent has not satisfied the judgment.
Outcome
The court ordered the directors to appear for examination and to file and serve the books of account.
Orders
- Direct Simon Ndirangu and Peter Ndete Mwangi to appear before the court for examination on oath as to the Respondent's means and assets on 1st October 2025.
- Direct Simon Ndirangu and Peter Ndete Mwangi to file and serve the Respondent's books of account and any other relevant document(s) not later than fourteen (14) days before the date fixed for their examination.
Remedies
- The Claimant's application is granted.
- The Respondent's costs will be in the cause.
Authorities cited
Cases cited (1)
- Ultimate Laboratories v Tasha Bio Service Limited Nairobi HCCC No. 1287 of 2000 (unreported)
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