Don Bosco Utume Theological College v Kenya Private Universities Workers Union; High.Ceass Auctioneers (Interested Party) (Employment and Labour Relations Cause 1347 of 2018) [2025] KEELRC 3113 (KLR) (5 November 2025) (Ruling)

Facts

The Applicant, Don Bosco Utume Theological College, filed a Notice of Motion seeking interim injunction and set aside of Warrants of Attachment issued by the court. The Respondent, Kenya Private Universities Workers Union, instructed the Auctioneers on 14th June 2025, and the Applicant avers that the instructions were nullity as they were issued before the Court granted the Warrants of Attachment.

Issues

1. Interim Injunction
2. Set Aside of Warrants of Attachment
3. Proclamation Notice Irregularity

Reasoning

The court found that the instructions to the Auctioneers were issued before the Court granted the Warrants of Attachment, making them nullity. The proclamation notice was also found to be irregular as it did not indicate the specific goods proclaimed, their value, and the condition of each item.

Outcome

The court granted the interim injunction and set aside the Warrants of Attachment.

Authorities cited