Anyango v Kenyatta International Conference Center (Cause 820 of 2018) [2020] KEELRC 24 (KLR)
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
#Key legal issues
#Whether the application was brought without inordinate delay
The application filed on 20.2.2020 following judgment on 17.1.2020 was made without delay.
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).
Whether the applicant demonstrated substantial loss
Substantial loss was demonstrated because the claimant failed to rebut the allegation that he could not repay the decretal sum if the appeal succeeded.
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.
Whether the applicant was willing to provide security
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.
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).
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.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.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.