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ELRCDismissedJudicial Review E203 of 2024

Sikuku v Kenya National Trading Corporation (KNTC)

Employment and Labour Relations Court
22 September 2026
2,090 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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A Kenyan court dismissed KNTC's attempt to shield its bank account from debt recovery because it withheld key documents until after losing, which judges treat as abusing the process.

What this practically means

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Executive summary

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The Applicant, Kenya National Trading Corporation (KNTC), moved the Employment and Labour Relations Court at Nairobi by an application dated 30th July 2026 seeking review, variation or setting aside of orders made the same day permitting the Decree-Holder, Amos Juma Sikuku, to recover a decretal sum of Kshs.8,681,751 from KNTC's ABSA Bank account. KNTC argued the account was a designated Rice Trading Account holding traceable proceeds of rice sales earmarked for rice farmers and the rice purchase programme, not beneficially available to KNTC, and that the court lacked the benefit of the documentary trail when it made the orders. The Decree-Holder opposed, terming the application an afterthought and a second bite at the cherry, noting the bank statement was unauthenticated and the evidence showed no third-party interest. The 1st Garnishee confirmed account balances. The court framed a single issue: whether the application was merited. It accepted the application was filed within reasonable time, but found the grounds invoked Rule 74(1)(a) while the affidavit suggested Rule 74(1)(c). Critically, the bank statements and invoices relied upon all predated the ruling of 30th July 2026 but were not produced then, and the applicant's own affidavit admitted the court lacked the documentary trail - an admission it had the information but failed to avail it. Guided by Ramesh Shah v Kenbox Industries as approved in Omulele Tolo Advocates, the court held this was litigating in instalments and an abuse of process. The application was dismissed with each party bearing their own 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 instant application seeking review, variation or setting aside of the orders issued on 30th July 2026 is merited

Key legal issues

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01

Whether the review application met the Rule 74 threshold

Holding

It did not; the applicant had the information and documents at its disposal before the ruling but failed to avail them, defeating the claim of discovery of new and important matter

Reasoning

The court found the bank statements and invoices relied upon were all in existence before the 30th July 2026 ruling but were not produced. The applicant's own supporting affidavit admitted the court lacked the documentary trail, an admission it had the information but neglected to avail it. This undermined the Rule 74(1)(a) basis and amounted to litigating in instalments and failure to discharge the burden of proof under Sections 107-109 of the Evidence Act.

p. 4
02

Whether the application was filed within reasonable time

Holding

Yes; it was filed on the date the ruling was delivered

Reasoning

The court found the application was filed on the very date the challenged ruling was issued, satisfying the reasonable-time requirement, noting that reasonable time is a question of fact dependent on circumstances.

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Inconsistency in the statutory basis invoked

Holding

The grounds invoked Rule 74(1)(a) while the supporting affidavit suggested Rule 74(1)(c)

Reasoning

The court observed the discrepancy between the grounds and the affidavit but proceeded to determine the application on the merits, finding it failed on the evidence regardless of the sub-rule invoked.

p. 4

Legal principles established

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  • A party seeking review must show that new evidence, despite due diligence, could not be produced when the order was made; withholding available evidence and later seeking review is litigating in instalments and an abuse of process
  • What constitutes reasonable time for a review application is a question of fact dependent on the circumstances of each case

Court orders

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  1. 1.The Applicant's application dated 30th July 2026 is dismissed
  2. 2.Parties shall bear their own costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Section 16 of the Employment and Labour Relations Court Act and Rule 74 of the Employment and Labour Relations Court (Procedure) Rules, 2024

Relief refused

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Review, variation or setting aside of the orders of 30th July 2026 permitting recovery of the decretal sum from the ABSA Bank account

Application devoid of merit; applicant had the relevant information at its disposal but failed to avail it, amounting to litigating in instalments

p. 5

Discharge of the Garnishee Order Nisi/Absolute and release of the ABSA account from attachment

Fell with the dismissal of the application

Declaration that funds in the ABSA account are rice-sale proceeds not beneficially available to KNTC

Evidence was in existence before the ruling but not produced; unauthenticated bank statement inadmissible

p. 4

Costs

Parties shall bear their own 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.

it is discernible that the Applicants application dated 30th July 2026 is devoid of merit and it is accordingly dismissed.
p. 5disposition - dismissal of review application
Parties shall bear their own costs.
p. 5costs order
Clearly, this was an unequivocal admission that the applicant had the information at its disposal but failed, refused or neglected to avail it which significantly undermines the instant application.
p. 4failure to avail evidence defeats review
The applicant by bringing this application is in effect approaching the courts by trial-and-error method and is litigating by instalment, both which are unacceptable and amount to abuse of the court process of the court.
p. 5litigating in instalments is abuse of process

Issues in the judgment

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minor

Application styled Judicial Review but is a garnishee review motion

minor

COVID-19 directions referenced in a 2026 ruling

minor

Decretal figures differ between prayer (Kshs.5,848,836) and affidavit (Kshs.5,648,836)

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, "Sikuku v Kenya National Trading Corporation (KNTC)", Case Analysis (2026). Judicial Review E203 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2487/eng@2026-09-22

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