Kenya Orient Insurance Company Ltd v Alubale & another (Suing for and on Behalf of Silvano Okili Mbandu (Deceased)) & another (Civil Application E093 of 2025) [2026] KECA 907 (KLR)
The bottom line
#The Court of Appeal struck out a stay application because the applicant never filed a notice of appeal against the specific ruling it wanted stayed.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant had validly invoked the Court's jurisdiction by lodging a notice of appeal against the ruling and orders of 27th March 2025 sought to be stayed
- 2.Whether stay of the ELRC ruling of 27th March 2025 pending appeal could be granted in the absence of such a notice of appeal
Key legal issues
#Whether the Court's jurisdiction was properly invoked in respect of the orders of 27th March 2025
It was not; the only notice of appeal on record related to the ruling of 30th June 2025, not to the orders of 27th March 2025 sought to be stayed, so the Motion was incompetent
The Court distinguished between the two ELRC decisions: the Notice of Appeal dated 2nd July 2025 challenged the ruling of 30th June 2025 dismissing the applicant's application to set aside, whereas the stay was sought against the orders of 27th March 2025 joining the applicant and directing it to satisfy the award. Relying on Supreme Court and Court of Appeal authority that a notice of appeal is a jurisdictional prerequisite, the Court held that in the absence of a notice of appeal against the 27th March 2025 orders, the applicant had not expressed any intention to appeal against them, and the Motion could not stand.
Legal principles established
#- A notice of appeal is a jurisdictional prerequisite to the Court of Appeal entertaining an application or appeal; absent a notice of appeal against the decision sought to be impugned or stayed, the Court's jurisdiction is not invoked
- The filing of a notice of appeal is unconditional and signifies the intention to appeal
Court orders
#- 1.The applicant's Notice of Motion dated 29th October 2025 was struck out as incompetent
- 2.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Employment and Labour Relations Court at Mombasa
- Misc. ruling in ELRC Misc. App. No. E013 of 2025
- Jurisdiction invoked
- Appellate jurisdiction of the Court of Appeal over ELRC decisions; invocation of jurisdiction premised on a valid notice of appeal
Relief refused
#Stay of the ELRC ruling and orders dated 27th March 2025 pending hearing and determination of the intended appeal
No notice of appeal was lodged against the ruling and orders of 27th March 2025; a notice of appeal is a jurisdictional prerequisite, so the Court's jurisdiction was never invoked
Costs
No orders as to costs, since none of the respondents responded to or submitted on the Motion: "we make no orders as to costs"
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
“ A notice of appeal is a primary document to be filed outright whether or not the subject matter under appeal is that which requires leave or not. It is a jurisdictional pre-requisite.
“The filing of a notice of appeal is not premised on any occurrence or condition to be fulfilled by the appellant. The filing of a notice of appeal signifies the intention to appeal.”
we reach the inescapable conclusion that the applicant’s Motion is incompetent and is hereby struck out
we make no orders as to costs. Orders accordingly.
Issues in the judgment
#The name of the applicant before the Court is never stated in the judgment; the judgment refers only to 'the applicant' throughout
The judgment spells the ELRC Judge's name inconsistently as 'Monica Mbaru' and 'Monica Mvaru'
The case number of the application before the Court of Appeal is not stated in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Orient Insurance Company Ltd v Alubale & another (Suing for and on Behalf of Silvano Okili Mbandu (Deceased)) & another (Civil Application E093 of 2025) [2026] KECA 907 (KLR)", Case Analysis (2026). Not stated in judgment (Civil Application, Court of Appeal, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/907/eng@2026-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.