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ELRCDismissedNot stated in the judgment (cause number not reproduced)

Sigei v Unilever Tea Kenya Limited (Cause 42 of 2019) [2025] KEELRC 391 (KLR)

Employment and Labour Relations Court
14 February 2025
1,266 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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A Kenyan employment court refused to release a decretal sum because the litigant consented to a stay, and only the Court of Appeal can kill a stalled appeal.

What this practically means

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Executive summary

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In the Employment and Labour Relations Court at Kericho, the Claimant applied by Notice dated 19th August 2024 to lift the order of stay of execution, have the decretal amount released to him, and have the Respondent's Notice of Appeal (filed 5th May 2022 against a Judgment delivered on 22nd April 2022) deemed withdrawn. He argued the Respondent had taken no adequate steps to prosecute the Intended Appeal, denying him the fruits of litigation. The Respondent opposed, showing repeated requests for typed proceedings since 2022, and contending the stay was consensual and that the Court lacked jurisdiction to deem the Notice of Appeal withdrawn. The Application was disposed of on affidavits and submissions. The Court found neither Party at fault: the Respondent had done all it legally could, while the delay of over three years in supplying typed proceedings reflected a worrisome pattern of administrative failure at E&LRC Kericho, amounting to a grave dereliction of the constitutional duty under Article 159(2)(b) that justice be not delayed. The Court held it could not revisit the consensual stay of execution, nor deem or strike out the Notice of Appeal, since jurisdiction over an appeal to the Court of Appeal vests in that Court under Rules 85 and 86 of the Court of Appeal Rules. The Claimant was directed to pursue those remedies in the Court of Appeal. The orders sought were declined; instead the Court directed that typed and certified proceedings be supplied within 30 days, and ordered the Registrar to investigate and remedy the delay. No costs order was made.

Questions the Court framed

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

  1. 1.Whether the Court should lift/set aside the consensual order of stay of execution and release the decretal amount to the Claimant
  2. 2.Whether the Court has jurisdiction to deem the Respondent's Notice of Appeal to have been withdrawn
  3. 3.Who bears responsibility for the delay in prosecuting the Intended Appeal

Key legal issues

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01

Whether the E&LRC can deem a Notice of Appeal to the Court of Appeal withdrawn for want of prosecution

Holding

It cannot; that jurisdiction belongs to the Court of Appeal under Rules 85 and 86 of the Court of Appeal Rules

Reasoning

The Intended Appeal lies from the E&LRC to the Court of Appeal, so the Rules governing the Record of Appeal are the Court of Appeal's Procedural Rules. The trial Court's role is limited. Rules 85 and 86 of the Court of Appeal Rules would enable the Claimant to seek the same remedies from the Court of Appeal, which has jurisdiction once the Notice of Appeal is filed.

p. 3
02

Whether the consensual stay of execution could be set aside

Holding

No; a consent order can only be set aside on proof that the consent was not voluntary

Reasoning

The Respondent established that the Ruling staying execution was procured through the consent of the Parties. The Court held it cannot revisit an order procured consensually, and the Claimant did not establish, nor claim, that his consent was not voluntary.

p. 3
03

Responsibility for the inordinate delay in prosecuting the Intended Appeal

Holding

Neither Party is to blame; the delay is attributable to the Judiciary's failure to supply typed proceedings

Reasoning

The Respondent repeatedly requested typed proceedings from 2022 without success. The Court found a worrisome pattern of delay at E&LRC Kericho, amounting to a grave dereliction of the constitutional duty under Article 159(2)(b) that justice be not delayed. Blame was wrongly assigned to the Respondent rather than the Judiciary.

p. 2

Legal principles established

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  • Once a Notice of Appeal to the Court of Appeal is filed, jurisdiction over its prosecution and withdrawal vests in the Court of Appeal, not the trial court
  • A consensually recorded order of stay of execution cannot be set aside absent proof that consent was not voluntary
  • The Court, not litigants, bears the legal obligation to supply typed proceedings, and delay in doing so violates Article 159(2)(b)

Court orders

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  1. 1.The orders sought by the Claimant through the Application dated 19th August 2024 are declined
  2. 2.The Respondent shall be supplied with typed and certified proceedings of the Court within 30 days of the Ruling
  3. 3.The Office of the Registrar shall ensure the proceedings are typed at any of the fully resourced Court Registries and are ready for certification and collection by the Parties within the given 30 days
  4. 4.The Office of the Registrar E&LRC to look into the source of delay in supply of typed proceedings at E&LRC Kericho and take urgent remedial measures
  5. 5.A copy of the Ruling shall be availed to the Registrar of the Court as soon as it is delivered

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original and supervisory jurisdiction of the Employment and Labour Relations Court; the Court expressly held that jurisdiction over the Intended Appeal to the Court of Appeal lies with the Court of Appeal under the Court of Appeal Rules

Relief refused

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Lifting of the order of stay of execution and release of the decretal amount to the Claimant

The stay was procured consensually by the Parties and the Court cannot revisit it

p. 3

Deeming the Notice of Appeal to have been withdrawn

Jurisdiction over a Notice of Appeal to the Court of Appeal rests with the Court of Appeal, not the E&LRC

p. 3

Costs

No costs order was made in the judgment

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.

It is ordered: a. The orders sought by the Claimant, through the Application dated 19th August 2024 are declined.
p. 3disposition
Instead the Court orders that the Respondent shall be supplied with typed and certifi ed proceedings of the Court, within 30 days of this Ruling.
p. 3final orders - supply of proceedings
The E&LRC does not have jurisdiction to deem the Notice of Appeal to have been withdrawn, or to strike out the Notice.
p. 3jurisdiction
It most de fi nitely cannot strike out the Notice of Appeal, or deem the same to have been withdrawn.
limits of trial court's power
It is a grave dereliction of the Court's constitutional duty under Article 159 [2] [b], which requires that justice shall not be delayed.
p. 2delay in service delivery

Issues in the judgment

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minor

The names of the Claimant and Respondent and the cause number are not stated in the judgment excerpt

minor

Chronology of the Respondent's letters appears inconsistent (16th September 2024 listed before 1st September 2024)

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, "Sigei v Unilever Tea Kenya Limited (Cause 42 of 2019) [2025] KEELRC 391 (KLR)", Case Analysis (2025). Not stated in the judgment (cause number not reproduced). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/391/eng@2025-02-14

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