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ELRCDismissedNot stated in the judgment

Juma v Kenya Medical Supplies Authority (Employment and Labour Relations Petition E160 of 2023) [2024] KEELRC 2787 (KLR)

Employment and Labour Relations Court
14 November 2024
987 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court refused to stop auctioneers attaching property, holding parties cannot vary a settlement they voluntarily agreed to.

What this practically means

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Executive summary

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The applicant filed a notice of motion under certificate of urgency on 15th July 2024 seeking stay of execution of warrants of attachment dated 21st June 2024 and a proclamation dated 28th June 2024, a declaration that those instruments were unlawful and fraudulently obtained, an order setting them aside, and costs plus auctioneer's charges. The applicant, through the affidavit of Andrew Mulwa, contended that under a consent judgment the sum of Kshs 11,968,904 was payable inclusive of costs; that it had paid Kshs 11,341,837.39 being the entire sum less statutory deductions under section 49(2) of the Employment Act 2007; and that the respondent's insistence on receiving the deducted amounts would amount to double payment and unjust enrichment. The respondent opposed, averring that the consent was recorded, the decree exhausted, costs added, and that payments received left an outstanding balance of Kshs 627,067.35. Justice Hellen Wasilwa held that the parties had agreed the settlement terms, including the figure of Kshs 11,968,904.74 subject to statutory deductions of 35% tax plus withheld salaries, and that having so agreed, the court could not be invited to vary the consent. No basis for varying the consent having been demonstrated, the application was found unmerited and dismissed, with the parties urged to reconcile their figures and settle the outstanding portion of the claim. No costs order was stated.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the warrants of attachment dated 21st June 2024 and proclamation dated 28th June 2024 were unlawful, having been allegedly obtained after the decretal sum had been settled subject to statutory deductions
  2. 2.Whether the consent judgment/decree should be varied to exclude statutory deductions under section 49(2) of the Employment Act 2007

Key legal issues

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01

Whether the consent judgment could be varied to accommodate statutory deductions made by the applicant

Holding

The application was not merited; the consent stood as recorded

Reasoning

The parties recorded a consent settling the claim at Kshs 11,968,904.74 inclusive of costs, subject to statutory deductions of 35% tax plus withheld salaries, and a decree issued. The applicant did not demonstrate any ground for varying the consent, so the warrants and proclamation could not be set aside on the basis that the decree was fully settled.

p. 3

Legal principles established

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  • A court cannot be invited to vary a consent judgment where the parties agreed to the terms of settlement

Court orders

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  1. 1.Application dismissed as not merited
  2. 2.Parties urged to reconcile their figures and proceed to settle the claim, a substantial portion having already been settled
  3. 3.Judgment delivered virtually; signed copy to be availed to each party upon payment of Court fees

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Court's inherent jurisdiction over execution of its decree in a matter it had settled by consent; Article 159(2)(d) and Article 48 of the Constitution invoked in the delivery directions

Relief refused

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Stay of execution of the warrants of attachment and proclamation

The court found no basis to vary the consent

p. 3

Declaration that the warrants and proclamation are unlawful and an abuse of process

Application found not merited

p. 3

Setting aside/nullifying the warrants and proclamation

Parties had agreed the settlement terms and the court cannot be invited to vary them

p. 2

Costs of the application and auctioneer's charges against the petitioner/respondent

Application dismissed; no costs order in the applicant's favour made

Costs

No express costs order made; the court simply dismissed the application without mention of costs

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The parties having agreed to how to settle this petition this court cannot be invited to vary it.
p. 2Finality of consent judgment
In this Court’s view, it has not been demonstrated as to why the consent as filed should be varied in any way. In the circumstances, I find that the application is not merited.
p. 3Disposition - application dismissed
I will urge the parties to reconcile their figures and proceed to settle this claim, a substantial portion having already been settled. Orders accordingly.
p. 3Final orders

Issues in the judgment

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minor

The judgment opens with two empty numbered paragraphs and does not state the case number or the parties' full names

minor

Typographical errors in dates and amounts (e.g. '15th July 204') and inconsistent reference to the consent date ('consent judgment dated 24th April, 2024' versus 'consent of 13/3/2024')

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Juma v Kenya Medical Supplies Authority (Employment and Labour Relations Petition E160 of 2023) [2024] KEELRC 2787 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2787/eng@2024-11-14

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.