Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Limited; Diamond Trust Bank Kenya Limited (Objector); Kingo'ori t/a Bemac Auctioneers (Auctioneer) (Cause E047 of 2023) [2026] KEELRC 1273 (KLR) (14 May 2026) (Ruling)

Summary at a glance

Facts

The respondent, Kenya Marine Contractors (EPZ) Limited, refused to allow the auctioneer, Joseph Mwangi Kingori, to execute a court decree by permitting entry and collection of the proclaimed assets. The auctioneer filed applications for police escort orders.

Issues

• Execution of court decree
• Abuse of court process

Reasoning

The court acknowledged the auctioneer's efforts to execute the decree and dismissed the application for a stay of execution. The court found that the respondent's refusal to allow entry and collection of the assets constitutes an abuse of court process.

Outcome

The application for police escort orders is allowed.

Orders

• Orders are issued for the Police escort to Joseph Mwangi Kingori t/a Bemac Auctioneers as he enters by breaking into the respondent premises, and to remove all the proclaimed goods at the premises of Kenya Marine Contractors (EPZ) Ltd, the respondent.
• The officer in charge of Mbaraki Police Station shall provide police escort and supervise the execution of this order or any of its officers above the rank of Assistant Inspector, under his command, to maintain law and order.

Remedies

• The respondent is ordered to provide police escort and costs.

Authorities cited