Githinji v Elsamere Conservation Centre (Employment and Labour Relations Appeal E032 of 2023) [2024] KEELRC 1604 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether stay of execution of the judgment delivered on 30th April, 2024 pending the intended appeal should be granted, and on what conditions
Key legal issues
#Whether to grant stay of execution of the judgment of 30th April, 2024 pending the Applicant's intended appeal
Stay granted on condition that the Applicant deposits the entire decretal sum in court within 30 days, failing which execution may proceed
The court noted the application was unopposed despite service, that the Applicant had filed a Notice of Appeal and was willing to abide by conditions including depositing the entire decretal sum. The parties agreed on stay but disagreed on conditions. Balancing the parties' positions, the court granted stay conditioned on full deposit of the decretal sum as security for due performance.
Legal principles established
#- Stay of execution pending appeal is a discretionary relief that may be granted on terms, including security by deposit of the decretal sum, where the appeal would otherwise be rendered nugatory
Court orders
#- 1.Stay of execution of the judgment delivered on 30th April, 2024 and all consequential orders granted pending the hearing and determination of the Applicant's appeal
- 2.Stay conditional upon the Applicant depositing the entire decretal sum in court within 30 days from the date of the order, in default execution may proceed
- 3.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and all enabling provisions of the law
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.
I therefore exercise my discretion and allow stay on the grounds that the Applicant deposits the entire decretal sum in court within 30 days from the date of this order in default execution may proceed. Costs in the cause.
The applicant has already filed a Notice of Appeal and if the stay is not granted, the substratum of the appeal may be rendered nugatory.
Therefore, that the parties agreed for the stay of execution to be granted, save that they did not agree on the conditions of stay of execution.
Issues in the judgment
#The ruling inconsistently describes the same advocate's representation, listing Gatei as acting for the Applicant and later as appearing for the Respondent/Applicant
The affidavit is internally inconsistent as to which party would suffer execution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Githinji v Elsamere Conservation Centre (Employment and Labour Relations Appeal E032 of 2023) [2024] KEELRC 1604 (KLR)", Case Analysis (2024). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1604/eng@2024-06-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.