Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Limited (Cause E047 of 2023) [2025] KEELRC 339 (KLR)
The bottom line
#The Employment Court refused to pause an employment case because the company never actually filed its intended appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the requirements for a stay of proceedings pending an intended appeal were met
The application was dismissed because the respondent neither filed a draft memorandum of appeal nor demonstrated the loss to be suffered if proceedings continued; the intended appeal was not actualised.
The court applied the principles from Makokha v County Government of Bungoma, that the court considers whether a draft memorandum of appeal exists and whether the proceedings would be rendered nugatory without a stay. It also relied on the principle that a stay of proceedings is a grave judicial action impinging on access to justice and the right to a fair hearing, balancing the unfettered right of appeal against the claimant's right to have the case determined without unreasonable delay.
Whether allegations that the respondent is under administration and that its advocates lack authority (under Sections 560 and 581 of the Insolvency Act) and that an appeal E230 of 2024 was filed in Mombasa affected the application
The court did not act on these allegations because they were unsupported by affidavit evidence and had not been disclosed by the respondent.
The claimant raised the respondent's administration and the filing of appeal E230 of 2024 in Mombasa, asserting the advocates acted without authority under the Insolvency Act. The court noted the respondent had not disclosed these matters, but equally observed the claimant only filed grounds of opposition without an affidavit swearing to those facts. The existence of the Mombasa appeal was therefore not confirmed and the allegations had no evidentiary footing.
Legal principles established
#- A stay of proceedings is a serious, grave and fundamental judicial action that interferes with a party's right to conduct litigation and impinges on the right of access to justice, the right to be heard without delay and the right to a fair trial.
- The main principle guiding a stay of proceedings pending an intended appeal is whether there is a draft memorandum of appeal that is likely to be rendered nugatory if the stay is not allowed.
- An application for a stay of proceedings pending an intended appeal must be addressed on a case-by-case basis.
Court orders
#- 1.The application dated 13 November 2024 is dismissed with costs to the claimant
- 2.Hearing directions on the claim shall be issued
- Jurisdiction invoked
- Rule 45 of the Employment and Labour Relations Court (Procedure) Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Engineering Workers Union v Kenya Marine Contractors (EPZ) Limited (Cause E047 of 2023) [2025] KEELRC 339 (KLR)", Case Analysis (2025). ELRC Cause No. E047 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/339/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.