Raymond Komen v County Government of Nakuru & Kinuthia Mbugua [2016] KEELRC 1256 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
CAUSE NO. 44 OF 2016
RAYMOND KOMEN……………………………………………CLAIMANT
v
THE COUNTY GOVERNMENT OF NAKURU…...…….1st RESPONDENT
KINUTHIA MBUGUA…………………………………..2nd RESPONDENT
RULING
1. The Court awarded the Claimant Kshs 2,016,428/80 in a judgment delivered on 11 March 2016.
2. On 22 March 2016, the Claimant filed a motion seeking
1.
2. THAT pending the inter partes hearing of this application, the court issues an order nisi restraining the respondent herein from withdrawing monies deposited in the following accounts
Co-operative Bank Account number….. 01141521630800
Kenya Commercial Bank account number….. 1140746057
National Bank account number010011065283400.
3. THAT upon the interpartes hearing of this application, the court directs that the deposits in any accounts referred to hereinabove be attached to satisfy the judgment issued by this court on 11th March 2016 together with costs and interest.
4. ….
3. The Court directed the motion to be served and set 1 April 2016 as inter partes hearing date.
4. The Respondents did not attend Court on 1 April 2016. On record was an affidavit of service attesting to service of the application upon the firm of Hari Gakinya & Co. Advocates.
5. The Court granted prayer 2 of the motion on 8 April 2016 and directed that the garnishees file appropriate papers which have been done through replying affidavits.
6. The Court had the parties (including the garnishees) submissions today on prayer 3 of the motion.
7. The Court therefore
grants order 3 of the motion and
orders that the decretal sum and interest be paid by the 1st Garnishee out of the 1st Respondent’s account no. 01141521630800
the Claimant’s costs of Kshs 200,000/- be paid by the 2nd Garnishee out of the 2nd Respondent’s account no. 1140746057
the 1st Garnishee advocates costs be paid out of the 1st Respondent’s account with the said garnishee.
The 2nd Garnishee advocates costs be paid out of the 1st Respondent’s account with the said garnishee
8. Costs as ordered above.
Delivered, dated and signed in Nakuru on this 6th day of May 2016.
Radido Stephen
Judge
Appearances
For Claimant Mr. Githui instructed by Githui & Co. Advocates
For Respondents Mr. Katithi instructed by Hari Gakinya & Co. Advocates
For 1st Garnishee Mr. Kisila Advocate
For 2nd Garnishee Ms. Ngere Advocate
Court Assistant Nixon