Judge Jorum Nelson of The Employment and Labour Relations Court has restrained Afya Sacco from alienating, selling, transferring, and/or attempting to sell by way of auction, otherwise, or in any way whatsoever dealing with Mr Livingstone Sakwa’s property known as L.R. Ngong/Ngong/38885, situated in Kajiado County in a judgement delivered on October 19, 2023.
Mr Sakwa had filed applications dated May 24th and June 6th, 2023, seeking the above orders and also seeking an order from Afya Sacco to provide a breakdown of the monthly instalments payable by him, the principal sum due, and the interest due on the loan ref. No. L020xxxx1. In an affidavit, Mr Sakwa revealed that he was a former employee of Afya Sacco from August 1st, 2002, to June 25th, 2019, and as such, he was able to obtain a staff loan, which he used to purchase land and construct his matrimonial home.
The home was secured by a legal charge registered over LR Ngong/Ngong/38885. He now claims that Afya Sacco is harassing him and threatens to sell the property. According to Mr Sakwa, the matrimonial home was purchased as a result of employment benefits, which comprised a staff loan that was available for Afya Sacco staff, yet the Sacco unlawfully dismissed him from employment on June 25, 2019, therefore not consistently serving his loan at a time when he depended on the salary from the Sacco to service the loan. On May 5, 2023, he was served with a staff loan default notice and notice to sell the property known as LR Ngong/Ngong/38885, which forms his matrimonial home acquired in 2010.
The judgement reads “In conclusion, the applicant’s applications dated May 24th, 2023, and June 6th, 2023, are found merited, and the court orders that the respondent and/or its agents or servants be and are hereby restrained from auctioning or selling property known as Ngong/Ngong 38885 situated at Kajiado County until hearing and determination of the main suit”.
