Titus Wamalwa Khaemba v Transport Workers’ Union & Dan Mihadi (General Secretary) [2017] KEELRC 285 (KLR)

REPUBLIC OF KENYA

IN THE EMPLOYMENT AND LABOUR RELATIONS COURT

AT NAIROBI

CAUSE NO. 1188 OF 2015

TITUS WAMALWA KHAEMBA…………..……….…CLAIMANT

VERSUS

TRANSPORT WORKERS’ UNION……........1ST RESPONDENT

DAN MIHADI (GENERAL SECRETARY).…..2ND RESPONDENT

Mr. Musungu for claimant

Mr. Ndege for 1st and 2nd respondent

RULING

1. This is an application for garnishee order to issue in respect of account held by the 1st  respondent being account no. 097383028 Barclays Bank, Queensway Branch, Nairobi in respect of unpaid sum of Kshs.902,500/= by the 1st respondent to the claimant.

2. The application is on the grounds set out on the face of the notice of motion application and in the supporting affidavit of the claimant.

3. This court clarified and restated the amount due and payable to the claimant in its ruling of 2nd March 2017.

4. The application by the respondent for further review of the judgment of the court, lacks merit and is an abuse of the court process.

5. Accordingly, the court grants a garnishee order to issue on the 1st respondent’s bank account no. 0972830238 at Barclays Bank Queensway House Branch in Nairobi to the extent of Kshs.902,500/= in execution of orders of court issued on 2nd March 2017.

6. Costs to follow the outcome.

Dated, Signed and Delivered on this 24th Day of November 2017

MATHEWS NDERI NDUMA

JUDGE