The Nandi County Public Service Board & Another Applicant v Zeddy Jeptanui Ketter & 461 Others
The bottom line
#Kenya's Court of Appeal paused a ruling requiring Nandi County to keep hundreds of employees on payroll, protecting public funds pending the appeal.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
The draft memorandum raising 10 grounds, including jurisdiction and whether non-parties can enjoy orders, met the arguability threshold.
The court examined the draft memorandum of appeal with 10 grounds and identified among them the questions of the trial court's jurisdiction under the exhaustion doctrine and whether persons not party to a suit can enjoy orders. These were sufficient to constitute an arguable appeal, with merits left to the appeal bench.
Nugatory-ness if stay is denied
Denial of stay risked loss of public funds if salaries continued, since respondents had not shown ability to reimburse if the appeal succeeded.
Applying the Kang'ethe-Ketter nugatory test, the court asked whether what is to be stayed is reversible or compensable in damages. If the status quo on employment and salaries continued and the applicants later succeeded, the respondents had not demonstrated they would reimburse salaries paid. Conversely, if the appeal failed, the respondents would receive their salaries.
Legal principles established
#- An applicant under rule 5(2)(b) must satisfy the conjunctive tests of arguability and nugatory-ness.
- An arguable appeal need not succeed; it need only be arguable, and a single arguable ground suffices.
Court orders
#- 1.The ruling dated 21st November 2024 (M. Onyango, J.) is stayed pending the hearing of Civil Appeal No. 107 of 2024
- 2.No party shall take any further action pending the hearing and determination of the appeal
- 3.The appellants to file and serve their submissions within 15 days; respondents to file theirs within 15 days upon service
- 4.The appeal to be heard on a priority basis in the next term, 2025
- 5.Costs of the application to abide the outcome of the appeal
- On appeal from
- Employment and Labour Relations Court at Eldoret
- ELRC Case No. E012 of 2024
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules (application for stay of execution pending appeal); reasons reserved under rule 34(7)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "The Nandi County Public Service Board & Another Applicant v Zeddy Jeptanui Ketter & 461 Others", Case Analysis (2025). Civil Application E065 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/71/eng@2025-01-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.