Standard Chartered Bank Limited v Stephen Tajeu Moloi
The bottom line
#Kenya's Court of Appeal has paused an employment ruling that ordered Standard Chartered Bank to reinstate a former teller, until the bank's appeal is heard.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
The grounds urged by the applicant, including the failure to justify the extraordinary order of re-engagement and the Article 36 servitude argument, were arguable.
The court declined to go into the merits, which are for the appeal bench. It found that the grounds raised, including the contention that the trial judge failed to enumerate exceptional circumstances justifying re-engagement and the trust-and-confidence point, were arguable. Notably, the respondent's own citation of arguable grounds reinforced rather than defeated the application, since a respondent must demonstrate the appeal is not arguable.
Nugatory aspect and whether the application was overtaken by events
The application was not overtaken by events; allowing reinstatement to subsist would render the appeal nugatory, and the respondent could be reinstated or compensated if the appeal failed.
Although the respondent had been reinstated and sent on leave, the court held that the central question on appeal is whether the reinstatement was proper, so leaving it intact would render the appeal nugatory. Conversely, if the appeal failed, the respondent could be reinstated with full benefits or compensated by damages, and it was not shown the bank could not reinstate him or pay benefits.
Legal principles established
#- An applicant under Rule 5(2)(b) must satisfy two requirements: an arguable appeal and that the appeal would be rendered nugatory if stay is refused.
- Where reinstatement has already been effected subject to the outcome of an appeal, an order allowing the reinstatement to subsist pending appeal renders the appeal nugatory, so stay may properly issue.
Court orders
#- 1.Stay of execution of the judgment delivered on 26th September 2024 (Wasilwa J.) in Nakuru Employment and Labour Relations Court Cause No. E005 of 2023 pending the hearing and determination of the applicant's intended appeal
- 2.Each party to bear its own costs of the application
- On appeal from
- Employment and Labour Relations Court, Nakuru
- Cause No. E005 of 2023
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Standard Chartered Bank Limited v Stephen Tajeu Moloi", Case Analysis (2024). Nakuru Civil Application (Rule 5(2)(b)) arising from Nakuru Employment and Labour Relations Court Cause No. E005 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1800/eng@2024-12-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.