Man’s bid to attach Jubilee Party account flop

• Mar 1, 2022

Man’s bid to attach Jubilee Party account flop

By Justus Karanja

A former employee of the ruling Jubilee Party has lost a bid to attach the party’s account over unpaid salary.

Joseph Mulili Kituku moved to Nairobi’s Employment and Labour Relations Court seeking orders to attach Jubilee Party account over a debt.

He also listed Equity Bank Kenya Limited (GARNISHEE) as a respondent.

Kituku in a notice of motion dated 13th September, 2021 sought an order to the Garnishee to show cause why Jubilee Party account with them should not be attached.

He submitted that the ruling party owed him Sh1,920,000.

He wanted Jubilee Party Main Account No. 0180270839949 and Account No. 0180270840141 attached arguing he had Judgment Debtor in his favour dated 11th December, 2020.

In his supporting affidavit, Kituku said the 11th December, 2020 order compelled the respondents to pay him salary from the November, 2020 and subsequent month for as long as he was under employment of the party.

He submitted that Judgment Debtor failed to fulfil the orders by the court to pay him. 

“That the Judgment Debtor holds known bank account with the Garnishee and the Garnishee is indebted to the Judgment Debtor on the said Bank account.   That the default by Judgment debtor is willful and deliberate,” he submitted.

But Jubilee Party filed a Preliminary Objection to the application dated 8th December, 2021 stating the application was misconceived and an abuse of the court process in that it did not meet the threshold of Order 22 and 23 of the Civil Procedure Rules, 2010 which contemplates the existence of a Judgment, a decree and a Certificate of costs for Garnishee proceedings.

In his ruling, Justice Mathews Nduma said an exparte applicant for attachment of debts from a third party must first be issued with a decree that “has not been satisfied and to what amount”.

He said Kituku did not attach any decree to the application and a perusal by the Court of the Court record does not disclose any decree lawfully issued by the court together with a certificate for costs.

“ The Court is satisfied that this application violates Order 22 and 23 of the Civil Procedure Act, as was stated by the Court in the case of (Mengich t/a Mengich Advocates –Vs - Joseph Wambua & 10 Others [2008] eKLR in which Mativo J. stated the requirements for a Garnishee application to be issued  by the Court,” he ruled.