Lucy Nyandia Mwangi v Mathenge and Muchemi Advocates & Virginia Wangui Mathenge [2017] KEELRC 681 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO. 811 OF 2012

LUCY NYANDIA MWANGI…..……………….......……..CLAIMANT

VERSUS

MATHENGE AND MUCHEMI ADVOCATES......1ST RESPONDENT

VIRGINIA WANGUI MATHENGE……….......….2ND RESPONDENT

Mr. Okongo for objector/applicant

Mr. Lugano for claimant/respondent

RULING

Reasons For Ruling Delivered On 25th July 2017.

1. Judgment was given in this matter in favour of the 1st respondent on 9th March 2013.  The objector is the 2nd respondent, who is the wife of the deceased advocate Mr. G. K. Mathenge, the sole propriator of the 1st respondent.

2. It is not in dispute that the claimant has attached household items, which are personal properties of the objector who was merely an Administrator of the deceased.

3. It has not been demonstrated that those items form part of the estate of the 1st respondent against whom judgment was entered.  The objection was upheld and the attachment set aside on 25th July 2017.  Costs to follow the outcome.

Dated, Signed and Delivered at Nairobi this 29th day of September 2017

MATHEWS NDERI NDUMA

PRINCIPAL JUDGE