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ELRCDismissedNot stated in judgment

Kathambi v Safaricom PLC (Cause 1986 of 2014) [2024] KEELRC 381 (KLR)

Employment and Labour Relations Court
29 February 2024
632 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court refused to pause payment of a Kshs 2.5 million award because the winning claimant proved she could refund the money if the appeal later succeeded.

What this practically means

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Executive summary

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This was a ruling on a Respondent's application dated 22nd August 2023 seeking stay of execution of a judgment delivered on 25th July 2023, in which the Court awarded the Claimant general damages of Kshs 2.5 million for work injury/illness sustained in employment. The application was supported by an affidavit of the Respondent's Senior Legal Counsel-Litigation, Daniel Mwenja Ndaba, asserting an intended appeal, a timeously filed Notice of Appeal dated 3rd July 2023, willingness to offer security, and the contention that the Claimant was an individual of no known means who could not refund the decretal sum if the appeal succeeded. The Claimant opposed the application, swearing that she holds a PhD in Environmental Governance and Management and works as a consultant for domestic and international organizations, and exhibiting bank statements showing a balance of Kshs 4.1 million. The application was determined on affidavits and submissions. The Court found that the Claimant had demonstrated the financial wherewithal to refund the decretal sum, and that she was not a lady of straw. It held that satisfaction of the decree would not extinguish the Respondent's right of appeal and that a successful appeal would not be rendered nugatory. Given that the claim dated from 2014 and had already suffered delays including loss of the court file, the Court declined to delay the Claimant's enjoyment of the fruits of litigation. The application was dismissed with costs to the Claimant on 29th February 2024.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Respondent has demonstrated sufficient cause to warrant a stay of execution of the judgment of 25th July 2023 pending appeal, including whether the Claimant can refund the decretal sum if the appeal succeeds and whether the appeal would be rendered nugatory

Key legal issues

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01

Ability of the decree-holder to refund the decretal sum

Holding

The Claimant showed financial capacity to refund, defeating the claim that the appeal would be rendered nugatory

Reasoning

The Claimant exhibited bank statements showing a healthy balance and demonstrated that she holds a PhD and works as a consultant for domestic and international organizations. The Court concluded she is not a person of no known means, and that the Respondent's assertion to the contrary was misplaced, so the appeal would not be nugatory if the decree were satisfied.

p. 2
02

Delay and enjoyment of the fruits of litigation

Holding

A decade-old claim should not be further delayed where the claimant merits the redress granted

Reasoning

The claim was filed in 2014 and judgment in the Claimant's favour was delivered only in 2023 after delays including loss of the court file. The Court held there was no persuasive reason to delay the Claimant's enjoyment of the fruits of litigation, and that her right of appeal survives satisfaction of the decree.

p. 2

Legal principles established

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  • Satisfying a decree does not extinguish the right of appeal; where the decree-holder has demonstrated means to refund, a stay pending appeal ought not be granted

Court orders

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  1. 1.The Application for an order of stay of execution, filed by the Respondent, dated 22nd August 2023 is declined
  2. 2.Costs to the Claimant

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Application for stay of execution pending appeal under the Court's appellate-supervisory jurisdiction (provision not expressly cited in judgment)

Relief refused

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Stay of execution pending appeal

The Claimant demonstrated ability to refund the decretal sum if the appeal succeeds; the appeal would not be rendered nugatory and no persuasive reason existed to delay enjoyment of the fruits of litigation

p. 2

Costs

Costs to the Claimant.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

She is not a lady of straw. The Respondent's assertion that in event its Appeal succeeds, the Claimant would not be able to refund, because she is an individual of no known means, is misplaced.
p. 2Ability to refund decretal sum
The Respondent's right of appeal will not be extinguished, by satisfying the decree. The right of appeal is alive and well.
p. 2Right of appeal survives satisfaction of decree
The Application for an order of stay of execution, filed by the Respondent, dated 22nd August 2023 is declined.
p. 2Final orders
Costs to the Claimant.
p. 2Costs

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kathambi v Safaricom PLC (Cause 1986 of 2014) [2024] KEELRC 381 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/381/eng@2024-02-29

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