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ELRCDismissedEmployment and Labour Relations Miscellaneous Application (Lead File, encompassing Misc. E227/2024, E230/2024, E237/2024, E238/2024, E239/2024, E240/2024, E224/2024, E231/2024, E232/2024, E234/2024, E235/2024, E236/2024 and E24/2024)

V Chokaa & Co Advocates v Roy Hauliers (Miscellaneous Cause E236 of 2024) [2025] KEELRC 1674 (KLR)

Employment and Labour Relations Court
10 June 2025
922 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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The Employment and Labour Relations Court dismissed Roy Hauliers' bid to stop a law firm from recovering taxed costs because the company ignored a court condition to deposit the disputed money.

What this practically means

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Executive summary

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Roy Hauliers (the Respondent before the court, though named as such in the ruling) moved the court by a Motion dated 3 April 2025 seeking a stay of execution of Rulings delivered on 20 and 27 February 2025 in thirteen related miscellaneous applications, and an order restraining enforcement of a proclamation dated 27 March 2025, pending hearing of the application inter-partes. The Motion arose from the advocate's enforcement of taxed costs of Kshs 2,287,511/-; Roy Hauliers asserted it had already paid the advocate Kshs 969,104/- on 16 May 2023. On 4 April 2025 the court granted an interim stay on condition that Roy Hauliers deposit Kshs 969,104/- in court or provide a bank guarantee by 10 April 2025; it complied with neither. The advocate opposed by replying affidavit, deponing that the payment was security for a stay pending appeal in Cause No. 1818 of 2019, Japheth Simiyu v Roy Hauliers, which appeal was compromised on 2 October 2023 and the security released to the advocate's firm, leaving only Kshs 111,110/- to Roy Hauliers' credit. The court found the Motion devoid of merit: the orders sought were transient and had lapsed; the payment was unconnected to the taxed costs, having been made in May 2023 while costs were taxed in September 2024; and the Respondent's failure to comply with the interim condition demonstrated lack of bona fides. The court dismissed the Motion with costs to the Advocate, extended the ruling to all related files, and designated this file the Lead File for any future applications.

Questions the Court framed

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

  1. 1.Whether the Respondent had satisfied the conditions for a stay of execution of the Rulings of 20 and 27 February 2025 and non-enforcement of the proclamation dated 27 March 2025
  2. 2.Whether the payment of Kshs 969,104/- made on 16 May 2023 was part payment of taxed advocates' costs or security for a stay pending appeal in Cause No. 1818 of 2019
  3. 3.Whether the Respondent, having failed to comply with the condition attached to the interim stay, could sustain the Motion

Key legal issues

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01

Stay of execution where interim orders were not granted at the ex-parte stage

Holding

Orders sought to preserve the status quo pending inter-partes hearing lapsed or became overtaken by events when not granted ex-parte

Reasoning

The court reasoned that all the orders pleaded by the Respondent were transient and intended to preserve the status quo only pending the inter-partes hearing; once they were not granted at the ex-parte stage they became overtaken by events, leaving nothing to adjudicate on that limb of the Motion.

p. 2
02

Character of the payment of Kshs 969,104/-

Holding

The payment was security for a stay of execution pending appeal in Cause No. 1818 of 2019 (Japheth Simiyu v Roy Hauliers), not part settlement of the taxed advocates' costs

Reasoning

The advocate produced records showing the payment of 16 May 2023 related to security of costs pending an appeal in Cause No. 1818 of 2019, a matter distinct from the taxed advocate/client Bill of Costs of 30 September 2024. The temporal and contextual discrepancy showed the payment could not ground a claim of part-settlement of costs.

p. 2
03

Effect of failure to comply with a condition attached to interim relief

Holding

Failure to deposit the sum in court or provide a bank guarantee as conditioned disentitled the Respondent from the discretionary relief

Reasoning

The court had granted an interim stay on condition that the Respondent deposit Kshs 969,104/- in court or provide a bank guarantee by 10 April 2025. The Respondent did not comply. A party invoking the court's discretion must show bona fides by complying with such conditions; non-compliance was fatal to the Motion.

p. 3

Legal principles established

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  • A party seeking an exercise of the court's discretion should demonstrate bona fides by complying with conditions attached to interim orders

Court orders

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  1. 1.The Motion dated 3 April 2025 is dismissed with costs to the Advocate
  2. 2.This Ruling/orders to apply in all the files enumerated in paragraph 1(iii)
  3. 3.This file is designated Lead File, and any further application should be made herein

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Employment and Labour Relations Court's discretionary jurisdiction over stay of execution of its own rulings (not expressly stated in the judgment)
Consolidated with
Misc. E227/2024, Misc. E230/2024, Misc. E237/2024, Misc. E238/2024, Misc. E239/2024, Misc. E240/2024, Misc. E224/2024, Misc. E231/2024, Misc. E232/2024, Misc. E234/2024, Misc. E235/2024, Misc. E236/2024, Misc. E24/2024

Relief refused

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Stay of execution of the Rulings made on 20th and 27th February 2025 and non-enforcement of the proclamation dated 27 March 2025

The orders sought were transient interlocutory orders that lapsed when not granted ex-parte; the payment of Kshs 969,104/- was security in a different cause, not part settlement of costs; and the Respondent failed to comply with the condition to deposit the sum in court or provide a bank guarantee, thus lacking bona fides

p. 2

Costs

The Motion dated 3 April 2025 is dismissed with costs to the Advocate.

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 Motion dated 3 April 2025 is dismissed with costs to the Advocate.
p. 3Final orders - dismissal of Motion
As a party seeking an exercise of the Court's discretion, the Respondent should have demonstrated bona fides by complying with the order.
p. 3Compliance with conditions attached to discretionary relief
To avoid the possibility of embarrassing outcomes, the Court directs that any future applications, if any, should be filed in this Cause/file, which is now titled Lead File.
p. 3Case management - designation of Lead File

Issues in the judgment

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minor

The cause number of the Lead File itself is not expressly stated; only the related miscellaneous application numbers are listed

minor

Minor internal inconsistency in dates of the proclamation: the Motion seeks non-enforcement of a proclamation dated 27 March 2025 while the grounds refer to a proclamation dated 28 March 2025

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, "V Chokaa & Co Advocates v Roy Hauliers (Miscellaneous Cause E236 of 2024) [2025] KEELRC 1674 (KLR)", Case Analysis (2025). Employment and Labour Relations Miscellaneous Application (Lead File, encompassing Misc. E227/2024, E230/2024, E237/2024, E238/2024, E239/2024, E240/2024, E224/2024, E231/2024, E232/2024, E234/2024, E235/2024, E236/2024 and E24/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1674/eng@2025-06-10

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