Baya v Kwale International Sugar Company Ltd (Cause 816 of 2016) [2026] KEELRC 747 (KLR) (12 March 2026) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 747
- Citation
- [2026] KEELRC 747 (KLR)
- Decided
- 12 March 2026
Summary at a glance
TypeLabour DisputePostureRespondent's Application for Payment InstalmentsCoramOCHARO KEBIRA
The application is dismissed with costs.
Facts
The Respondent, Kwale International Sugar Company Ltd, is facing significant financial difficulties due to security concerns, arson attacks, and economic sabotage. They proposed to settle the decretal sum in twelve equal monthly instalments, but the Claimant, Stephen Kenga Baya, opposed the application.
Issues
- Whether the Respondent can settle the decretal sum in twelve equal monthly instalments
- Whether the Respondent's financial situation genuinely prevents them from paying the full decretal sum at once
Reasoning
The court found the application lacking in merit, as the Respondent did not provide sufficient evidence to suggest their financial situation genuinely prevents them from paying the full decretal sum at once. The duration of the matter before the court and public policy do not support granting the order sought.
Outcome
Dismissed with costs
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