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ELRCPartially AllowedCause Number 472 of 2017

Wambui v Wagika Holdings Limited; Kariuki & 2 others (Objector) (Cause 472 of 2017) [2025] KEELRC 3697 (KLR)

Employment and Labour Relations Court
19 December 2025
414 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court rejected a 28-year debt payment plan as unreasonable and ordered the debtors to pay Kshs. 8 million upfront, with larger monthly instalments.

What this practically means

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Executive summary

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The Objectors in Cause Number 472 of 2017, through applications dated 7th July 2025 and 24th July 2025 supported by the affidavit of the 1st Objector Jacinta Gathoni Kariuki, sought the lifting of a warrant of attachment and sale issued over L.R. Nakuru Municipality Block 5/98, a property they valued at Kshs. 125,000,000. They also styled themselves Interested Parties. The application rested on the same factual background as a similar application in Cause Number 473 of 2017, and the Court directed that the findings in the ruling in that Cause apply mutatis mutandis. The decretal sum in this Cause stood at approximately Kshs. 11,000,000, arising from a 2018 judgment, some seven years before. The Objectors proposed a deposit of Kshs. 750,000 and monthly instalments of Kshs. 30,000. The Court calculated that the balance of Kshs. 10,250,000 at those instalments would take about 28 years to liquidate, stretching payment to 35 years from the decree, and held the proposal unreasonable and inconsistent with fair administration of justice. The Court nonetheless allowed the application on its own terms: a lump sum of Kshs. 8,000,000 payable within 45 days, the balance in monthly instalments of Kshs. 250,000, the injunction and prohibition orders over the property to remain in force, liberty to the Claimant to reapply for warrants of attachment and sale on default of any payment, and mention on 17th March 2026. No order was made on costs.

Questions the Court framed

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

  1. 1.Whether the Objectors' application to lift the warrant of attachment and sale issued over L.R. Nakuru Municipality Block 5/98 should be granted
  2. 2.Whether the Objectors' proposed payment terms (deposit of Kshs. 750,000 and monthly instalments of Kshs. 30,000) are reasonable

Key legal issues

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01

Reasonableness of Objectors' proposed payment terms for the decretal sum

Holding

The proposed terms were rejected as unreasonable; the Court substituted its own terms of Kshs. 8,000,000 lump sum within 45 days and monthly instalments of Kshs. 250,000

Reasoning

The Court computed that after the proposed Kshs. 750,000 deposit, the balance of Kshs. 10,250,000 at Kshs. 30,000 monthly would take about 28 years to liquidate. Combined with the 2018 decree already 7 years old, the proposal would stretch payment to 35 years from the decree. The Court held this inconsistent with fair administration of justice and fashioned its own shorter schedule while preserving the injunction and prohibition orders and allowing reinstatement of warrants on default.

p. 2

Legal principles established

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  • A payment proposal that would stretch satisfaction of a decretal sum over decades is unreasonable and inconsistent with the fair administration of justice

Court orders

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  1. 1.The Objectors shall pay to the Claimant a lump sum of Kshs. 8,000,000 within 45 days from the date of the ruling
  2. 2.The balance to be liquidated in monthly instalments of Kshs. 250,000 beginning the first month after the lapse of 45 days
  3. 3.The orders of injunction and prohibition barring sale or other dealings with the attached property by any of the Parties shall remain in force
  4. 4.The Claimant may reapply for the warrants for attachment and sale of L.R. Nakuru Municipality Block 5/98 in default of any one payment
  5. 5.Mention on 17th March 2026
  6. 6.No order on the costs

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 jurisdiction over execution/attachment proceedings in Cause Number 472 of 2017

Relief refused

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Objectors' proposed payment schedule of Kshs. 750,000 lump sum plus Kshs. 30,000 monthly instalments

The schedule would take about 28 years to liquidate the balance and 35 years from the date of decree, which the Court held unreasonable and inconsistent with fair administration of justice; the Court instead imposed its own payment terms

p. 2

Costs

No order on the 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.

This proposal is not reasonable. It is not consistent with the principle of fair administration of justice.
p. 2reasonableness of proposed instalment terms
The Objectors shall pay to the Claimant a lump sum of Kshs. 8,000,000 within 45 days from the date of this ruling.
p. 2final orders - payment terms
The Claimant may reapply for the warrants for attachment and sale of L.R. Nakuru Municipality Block 5/98, in default of any one payment above.
p. 2final orders - default remedy

Issues in the judgment

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minor

The judgment does not state the names of the Claimant or the 2nd Objector, and is styled a ruling on an application dated 7th July 2025 though delivered 19th December 2025; the court directs that findings in a ruling in Cause Number 473 of 2017 apply mutatis mutandis without restating them

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, "Wambui v Wagika Holdings Limited; Kariuki & 2 others (Objector) (Cause 472 of 2017) [2025] KEELRC 3697 (KLR)", Case Analysis (2025). Cause Number 472 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3697/eng@2025-12-19

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