Kenya National Private Security Workers’ Union v Patriotic Group of Companies (Cause E006 of 2023) [2025] KEELRC 2372 (KLR)
The bottom line
#A Kenyan employment court confirmed that once you're allowed to execute a costs order, you don't need another ruling — just go enforce it.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the court should rule again on the unpaid throw-away costs awarded in the ruling of 26th March 2025
- 2.What directions should issue where the respondent has defaulted on payment of costs and on filing pleadings
Key legal issues
#Whether a further ruling was required to enforce unpaid throw-away costs
No; the claimant must execute under the liberty already granted
The court recalled that its ruling of 26th March 2025 set aside the earlier judgment, granted leave to file a Response and awarded throw-away costs of Kshs.15,000 with liberty to execute in default. The time for compliance lapsed without payment or filing of pleadings. Since execution was already permitted, a further ruling would duplicate the existing remedy. The claimant was directed to execute and fix the suit for hearing.
Legal principles established
#- Where a party has already been granted liberty to execute for costs awarded in a ruling, a fresh application for a further ruling on the same costs is unnecessary.
Court orders
#- 1.No further ruling on the unpaid costs; the claimant is to proceed to execute for the throw-away costs of Kshs.15,000 as already permitted by the ruling of 26th March 2025
- 2.The claimant is at liberty to fix the suit for hearing
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- ELRC Procedure Rules, Rule 28(3) (delivery of rulings); original ELRC jurisdiction (specific provision not stated)
Relief refused
#A further ruling directing payment of the throw-away costs
The liberty to execute had already been granted; a further ruling would be unnecessary
Costs
No new costs order; earlier award of throw-away costs of Kshs.15,000 against the respondent stands, with liberty to execute.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
I have noted that the time given to the respondent to comply with the said ruling has since lapsed without filing of pleadings or payment of throw away costs to the claimant.
In the ruling of 26th March 2025, I gave claimant the liberty to execute and therefore asking for further ruling is unnecessary.
the ball is now in the claimant’s court to execute for the costs and fix the suit for hearing.
Issues in the judgment
#The judgment does not state the case number, party names or the subject claim, identifying the parties only as claimant and respondent.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya National Private Security Workers’ Union v Patriotic Group of Companies (Cause E006 of 2023) [2025] KEELRC 2372 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2372/eng@2025-08-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.