Paul Mwangi & Co Advocates v P.V.R. RAO (Receiver of Athi River Steel Plant Ltd in Receivership); Dancy Auctioneers (Interested Party) (Miscellaneous Cause E218 of 2023) [2025] KEELRC 269 (KLR)
The bottom line
#Kenya's Employment Court dismissed Athi River Steel Plant's receiver's attempt to stop property attachment, finding he and his lawyer misled the court.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent was entitled to a stay of execution and setting aside of the judgment
The Motion was dismissed because the Respondent abused the court process, acted in bad faith, and made dishonest disclosures
The Respondent's father had sworn an affidavit claiming ownership of the proclaimed properties, and the Respondent then personally claimed the same properties, leading the Court to infer conspiracy to mislead it. The same stay relief had been refused on 14 November 2024. The Respondent never defended the suit despite service and further leave, and offered no explanation for the over-four-month delay in seeking leave to appeal.
Whether the advocate seeking to come on record should be granted leave
Leave was declined because the advocate had not made honest and truthful disclosures
The Court held that disclosures made through an advocate form part of the advocate's professional duty of honesty and candour. The certificate of urgency, grounds in support of the Motion and the affidavits lacked honest disclosure, and the advocate had threatened to report the Judge to the Judicial Service Commission when off-the-record suggestions were declined.
Legal principles established
#- A party approaching the Court has a duty of truthful and honest disclosure, and an advocate must be honest, truthful and candid in disclosures made on a client's behalf
- Bringing a fresh motion over an issue the Court had already determined constitutes abuse of court process and bad faith
Court orders
#- 1.The Motion dated 20 November 2024 by the Respondent is dismissed with costs
- Jurisdiction invoked
- Original jurisdiction over the suit and incidental applications; specific provision not cited in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paul Mwangi & Co Advocates v P.V.R. RAO (Receiver of Athi River Steel Plant Ltd in Receivership); Dancy Auctioneers (Interested Party) (Miscellaneous Cause E218 of 2023) [2025] KEELRC 269 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/269/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.