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ELRCPartially AllowedNot stated in the judgment excerpt· [2025] KEELRC 777 (KLR)

Juma v Anglican Church of Kenya All Saints Cathedral Diocese (Cause 368 of 2016) [2025] KEELRC 777 (KLR)

Employment and Labour Relations Court
13 March 2025
RSRadido Stephen
521 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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The Employment Court paused enforcement of an award against the Anglican Church, but only if it pays Kshs 1 million now and secures the balance.

What this practically means

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Executive summary

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The Court (Radido Stephen J) had, in a judgment delivered on 21 November 2024, found for Rev Daniel Michael Juma, awarding salary arrears of Kshs 855,281/-, pay in lieu of notice of Kshs 217,206/- and compensation of Kshs 2,172,060/-, with interest and costs. Following the Claimant's death, his estate was administered by his widow/administrator. The Respondent, aggrieved, filed a Notice of Appeal and a Motion dated 18 February 2025 seeking stay of execution of that judgment pending the hearing and determination of its intended appeal to the Court of Appeal. The administrator opposed, contending the appeal was misconceived, that execution was a lawful recovery process, that substantial loss had not been demonstrated, and alternatively that half the decretal sum should be released to her. The Court found no inordinate delay in filing the Motion, noted that the Respondent had made payments on the uncontested portion of the award and had offered security, and allowed the Motion. Stay of execution pending the Court of Appeal appeal was granted on conditions: the Respondent to pay the Administrator Kshs 1,000,000/- within 30 days; the balance to be deposited in an interest-earning account in the joint names of the parties' advocates within 30 days; parties to agree on the bank and branch; costs in the cause.

Key legal issues

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01

Whether the conditions for stay of execution were satisfied

Holding

The Motion was allowed. The Respondent had made payments on the uncontested award and offered security, satisfying the Court that stay should issue on conditions protecting the estate.

Reasoning

The Court noted no inordinate delay in filing the Motion since the judgment was delivered on 21 November 2024 and the Motion filed on 18 February 2025. The Claimant's main contention was lack of demonstrated substantial loss, but the Respondent had already made payments on the uncontested award and offered security. Balancing the parties' interests, the Court granted stay conditioned on partial payment and deposit of the balance in a joint interest-earning account, achieving equality of arms.

p. 2

Legal principles established

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  • A stay of execution pending appeal may be granted conditioned on part payment of the decretal sum and deposit of the balance in a joint interest-earning account

Court orders

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  1. 1.An order of stay of execution pending determination of the Appeal before the Court of Appeal is granted on conditions as hereunder
  2. 2.The Respondent to pay to the Administrator of the estate of the Claimant through her advocate on record Kshs 1,000,000/- (Kshs One Million only) within 30 days
  3. 3.The balance of the decretal sum to be deposited in an interest-earning account in the names of the parties' advocates on record within 30 days
  4. 4.The parties to agree on the bank and branch where the balance of the decretal sum will be deposited
  5. 5.Costs in the cause
On appeal from
Court of Appeal
Jurisdiction invoked
Inherent jurisdiction of the Employment and Labour Relations Court to stay execution of its own judgment pending an intended appeal

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, "Juma v Anglican Church of Kenya All Saints Cathedral Diocese (Cause 368 of 2016) [2025] KEELRC 777 (KLR)", Case Analysis (2025). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/777/eng@2025-03-13

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