Gitonga & 4 others v National Environment Management Authority; Law Society of Kenya & another (Interested Parties) (Cause 547 of 2018) [2025] KEELRC 3397 (KLR) (1 December 2025) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3397
- Citation
- [2025] KEELRC 3397 (KLR)
- Decided
- 1 December 2025
The Court finds the Motion incompetent and strikes it out with costs.
Facts
The Claimants sued the Respondent (National Environment Management Authority) for breach of contract and other related matters. The Respondent appealed the judgment and sought a stay of execution. The Court granted a conditional stay and the Respondent deposited Kshs 13,000,000/- in an interest-earning account. The Respondent failed to pay interest and monthly allowances, leading to further orders for deposits and garnishment of bank accounts.
Issues
- Whether the rm of Lumumba & Ayieko Advocates can come on record for the Respondent
- Whether the Respondent can be represented by external advocates
- Whether the Claimants were fully compensated
Reasoning
The Court allowed the rm of Lumumba & Ayieko Advocates to come on record for the Respondent, as an irregularity that can be corrected. The Respondent was represented by external advocates and the garnisheed amounts were not fully compensated.
Outcome
The Motion is found incompetent and struck out with costs.
Orders
- The rm of Lumumba & Ayieko Advocates is allowed to come on record for the Respondent
- The garnisheed amounts are not fully compensated and need reconciliation
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