Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedNot stated in the judgment· [2020] KEELRC 24 (KLR)

Anyango v Kenyatta International Conference Center (Cause 820 of 2018) [2020] KEELRC 24 (KLR)

Employment and Labour Relations Court
17 December 2020
1,290 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

A Kenyan court allowed an employer to pause execution of an unfair termination award because the money was already deposited in court as security.

What this practically means

#

Executive summary

#
This is a ruling by the Employment and Labour Relations Court at Nairobi on the Respondent's Notice of Motion seeking stay of execution of a judgment delivered on 17.1.2020, in which the Claimant was awarded KShs. 1,457,643.45 as compensation for unfair termination, with costs and interest. The Respondent, having lodged a notice of appeal, contended that the intended appeal would be rendered nugatory if execution proceeded, as the Claimant would be unable to refund the decretal sum; she had already deposited the entire decretal sum in court pursuant to an interim order. The Claimant opposed, arguing the application was premature and that arguable appeal and substantial loss had not been demonstrated. The court framed a single issue: whether the legal threshold for stay pending appeal by the trial court under Order 42 rule 6(2) of the Civil Procedure Rules had been met. The court found the application filed without delay; that the evidential burden shifted to the Claimant to disclose his resources once inability to repay was alleged, and he failed to discharge it; and that security was already in place through the deposit of the decretal sum. The court accordingly allowed the application on condition that the deposited decretal sum remains in court as security pending the intended appeal, with the stay lapsing automatically if the appeal is not filed within 60 days. The ruling was delivered online pursuant to Covid-19 directives, with the parties waiving compliance with Rule 28(3) of the ELRC Procedure Rules. No costs order was stated.

Key legal issues

#
01

Whether the application was brought without inordinate delay

Holding

The application filed on 20.2.2020 following judgment on 17.1.2020 was made without delay.

Reasoning

The court compared the date of delivery of the judgment (17.1.2020) with the date of filing the application (20.2.2020) and found the interval showed no inordinate delay, satisfying the first limb of Order 42 rule 6(2).

p. 2
02

Whether the applicant demonstrated substantial loss

Holding

Substantial loss was demonstrated because the claimant failed to rebut the allegation that he could not repay the decretal sum if the appeal succeeded.

Reasoning

Relying on the shifted evidential burden principle, the court noted that the claimant did not disclose any means or resources to refund the decretal sum. The applicant had already deposited the entire decretal sum in court, protecting the claimant's interests and guaranteeing the right of appeal.

p. 2
03

Whether the applicant was willing to provide security

Holding

The applicant demonstrated willingness to offer security by depositing the entire decretal sum in court as directed by the Duty Judge on 20.2.2020.

Reasoning

The deposit made pursuant to the interim stay order protected the claimant's interests and preserved the applicant's appellate rights, satisfying the third condition under Order 42 rule 6(2).

p. 2

Legal principles established

#
  • Once an applicant expresses that a respondent would be unable to repay the decretal sum, the evidential burden shifts to the respondent to show his resources.
  • The trial court may grant stay of execution pending appeal only where the application is brought without inordinate delay, substantial loss is demonstrated, and security is offered.

Court orders

#
  1. 1.The application is allowed on condition that the entire decretal sum deposited in court on the basis of the interim stay order dated 20.2.2020 remains in court as security pending the filing, hearing and determination of the intended appeal
  2. 2.If the appeal is not filed within 60 days of the ruling, the stay order will stand discharged automatically
Jurisdiction invoked
Order 42 rule 6 of the Civil Procedure Rules (stay of execution pending appeal by the trial court)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Anyango v Kenyatta International Conference Center (Cause 820 of 2018) [2020] KEELRC 24 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/24/eng@2020-12-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.