Kenya Union of Commercial Food and Allied Workers v Worldwide Movers (K) Limited (Cause E539 of 2022) [2024] KEELRC 264 (KLR)
The bottom line
#A Nairobi employment court gave a company extra time to appeal a union recognition order but refused to pause it, saying recognition is easily reversible.
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 should be granted extension of time to file the notice of appeal out of the 14-day period
- 2.Whether a stay of execution of the judgment of 19th May 2023 should be granted pending appeal
Key legal issues
#Whether the delay in filing the notice of appeal was inordinate
The delay of less than two weeks beyond the 14-day period was not inordinate, and extension of time was granted on condition that the notice of appeal be filed within 21 days
The judgment was delivered on 19th May 2023 and the applicant only obtained a typed copy on 16th June 2023, after the 14-day window lapsed. The court treated a delay of under two weeks after lapse of time as not inordinate, exercising its discretion judiciously and granting extension conditional on filing within 21 days of the order.
Whether a stay of execution should issue
Stay was declined because the underlying judgment only ordered recognition of the union, a transient matter, and no prejudice would be occasioned to the respondent
The court found that the judgment sought to be appealed merely ordered the respondent to recognise the claimant union for collective bargaining purposes. Recognition is transient and the respondent, if lacking sufficient unionisable numbers, may invoke section 54(5) of the Labour Relations Act to terminate the recognition agreement. Having also failed to prove the disputed staff were in management, no prejudice would arise from refusal of a stay.
Legal principles established
#- Extension of time and stay of execution are matters within the court's discretion, to be exercised judiciously considering the cause and length of delay and any prejudice to the respondent
- A short delay (here, under two weeks) is not inordinate and justifies extension of time, subject to conditions on when the notice of appeal must be filed
Court orders
#- 1.Leave granted to the applicant to file a notice of appeal out of time, such filing to be done within 21 days of the ruling
- 2.Prayer for stay of execution declined
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court
- Not stated
- Jurisdiction invoked
- Discretionary powers of the court over extension of time to file a notice of appeal and stay of execution (not tied to a specific constitutional provision in the ruling)
Relief refused
#Stay of execution of the judgment of 19th May 2023 pending the inter partes hearing and determination of the application/appeal
The judgment merely ordered recognition of the union for collective bargaining; recognition is transient and the respondent can invoke section 54(5) of the Labour Relations Act to terminate the recognition agreement if it lacks sufficient numbers; no prejudice would be occasioned
Costs
No order as to costs made in the ruling
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.
Extension of time to file an appeal and stay of execution are Matters within the discretion of the court. Such discretion however must be exercised judiciously taking into consideration the cause and length of the delay and prejudice if any that may be occasioned to the respondent if the order is granted.
In conclusion the applicant is hereby granted leave to file a notice of appeal out of time. Such filing to be done within 21 days of this ruling.
The order for stay of execution is hereby declined. It is so ordered.
Issues in the judgment
#The affidavit describes the annexed judgment copy as one of 10th February 2023, contradicting the stated date of delivery of 19th May 2023
The same annexure mark 'NP 2' is used for two different documents - the draft memorandum of appeal and the union's letter dated 9th June 2023
The delivery date is rendered as '8TH DAY FEBRUARY, 2024', omitting the word 'OF'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Commercial Food and Allied Workers v Worldwide Movers (K) Limited (Cause E539 of 2022) [2024] KEELRC 264 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/264/eng@2024-02-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.