Wambui v Wagika Holdings Limited; Kariuki & 2 others (Objector) (Cause 472 of 2017) [2025] KEELRC 3697 (KLR) (19 December 2025) (Ruling)

Wambui v Wagika Holdings Limited; Kariuki & 2 others (Objector) (Cause 472 of 2017) [2025] KEELRC 3697 (KLR) (19 December 2025) (Ruling) Neutral citation: [2025] KEELRC 3697 (KLR) Republic of Kenya In the Employment and Labour Relations Court at Nakuru Cause 472 of 2017 J Rika, J December 19, 2025 Between Mary Waithera Wambui Claimant and Wagika Holdings Limited Respondent and Jacinta Gathoni Kariuki Objector Grace Waceke Waweru Objector Mary Wambui Objector Ruling 1.Through their application dated 7th July 2025 and 24th July 2025, the Objectors, seek the lifting of warrant of attachment and sale, issued in respect of L.R. Nakuru Municipality Block 5/98. 2.They assign the attached property a value of Kshs. 125,000,000. 3.The application is based on the affidavit of Jacinta Gathoni Kariuki, the 1st Objector, sworn on 7th July 2025. 4.The application bears the same factual background, as another application presented by the Objectors, in Cause Number 473 of 2017. 5.In both Causes, the Objectors also describe themselves as Interested Parties. 6.The findings in the ruling made in Cause Number 473 of 2017 shall apply in the Cause 472 of 2017, mutatis mutandis. 7.It may be noted however, that the decretal sum in this Cause, is stated at paragraph 3 of the 1st Objector’s affidavit, to stand at approximately Kshs. 11,000,000. 8.The Objectors propose to pay a deposit of Kshs. 750,000 in lump sum, and thereafter pay instalments of Kshs. 30,000 monthly until the whole amount is liquidated. 9.Assuming the lump sum deposit of Kshs. 750,000, is paid as proposed, the balance, without taking into account accrued interest, would be Kshs. 10,250,000. 10.It would take about 28 years to liquidate the balance, at the proposed monthly instalments of Kshs. 30,000. 11.The decree arose from a Judgment passed in the year 2018, about 7 years ago, and the proposal by the Objectors, would stretch the period of paying the decretal sum, to 35 years from the date decree was made. 12.This proposal is not reasonable. It is not consistent with the principle of fair administration of justice. 13.The Court shall allow the Objectors’ application as follows: - Orders.a.The Objectors shall pay to the Claimant a lump sum of Kshs. 8,000,000 within 45 days from the date of this ruling.b.The balance to be liquidated in monthly instalments of Kshs. 250,000 , beginning the first month, after the lapse of 45 days.c.The orders of injunction and prohibition, barring sale or other dealings with the attached property by any of the Parties, shall remain in force.d.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.e.Mention on 17th March 2026.f.No order on the costs. **DATED, SIGNED AND DELIVERED ELECTRONICALLY AT NAKURU, THIS 19TH DECEMBER 2025.****JAMES RIKA****JUDGE**