Kioko v Impel Tours & Safaris Limited (Employment and Labour Relations Cause 1198 of 2017) [2026] KEELRC 508 (KLR) (25 February 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 508
- Citation
- [2026] KEELRC 508 (KLR)
- Decided
- 25 February 2026
Summary at a glance
TypeEmployment and Labour RelationsPostureApplication for orders to lift corporate veil and hold directors personally liableCoramHS WASILWA
The corporate veil will be lifted to allow cross-examination of the directors to ascertain their assets and settle the debt.
Facts
The Claimant, Kioko, won a judgment in 2025 for unpaid leave, unremitted NSSF contributions, and costs. A decree was issued in 2024 for Kshs. 379,140. The Respondent, Impel Tours & Safaris Limited, has since shut down operations and claimed no attachable assets.
Issues
- Whether the corporate veil of Impel Tours & Safaris Limited can be lifted to hold its directors personally liable for the decretal sum.
- Whether the company's inability to meet financial obligations justifies lifting the corporate veil.
Reasoning
The court found that the company was being used to evade legal obligations and that the directors were deliberately evading their responsibilities. The court dismissed the application to lift the corporate veil as the evidence did not support the need to do so.
Outcome
Application granted, corporate veil lifted
Orders
- Cross-examination of directors to ascertain assets of the company
- Lifting of corporate veil to hold directors personally liable for the decretal sum
Remedies
- Settlement of the decretal sum
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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