African Marine and General Engineering Company Limited v Philip (Appeal E234 of 2024) [2025] KEELRC 812 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether to stay trial court proceedings pending appeal on the suit being time-barred under Section 89 of the Employment Act
Stay granted; the appeal raises serious questions on limitation and jurisdiction which must be resolved before trial proceedings continue.
The appellant had filed a Memorandum and Record of Appeal challenging the ruling that dismissed its preliminary objection on limitation and jurisdiction. The court held the appeal raised serious questions of law on Section 89 of the Employment Act, and that determining the appeal would clarify and guide further proceedings before the trial court, warranting a stay.
The nature of a stay of proceedings order
A stay of proceedings is a serious, grave and fundamental judicial action to be exercised sparingly and only in exceptional cases.
Relying on M/S Karsan Ramji & Sons Limited v Athumani, the court held that a stay of proceedings interferes with the right to conduct litigation, access to justice, the right to be heard without delay and fair trial, hence the sparing exercise of the power.
Legal principles established
#- Stay of proceedings is a grave judicial action interfering with the right to be heard and should be exercised sparingly and only in exceptional cases.
- Where jurisdiction is in question, the court must stop and the jurisdictional question should be addressed first.
Court orders
#- 1.Stay of proceedings in Mombasa CMELRC No. E273 of 2024 pending the hearing and determination of the appeal
- 2.Costs to abide by the outcome of the appeal
- On appeal from
- Mombasa CMELRC
- E273 of 2024
- Jurisdiction invoked
- Appellate jurisdiction over a ruling of the ELRC subordinate court (Mombasa CMELRC No. E273 of 2024); no specific provision cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "African Marine and General Engineering Company Limited v Philip (Appeal E234 of 2024) [2025] KEELRC 812 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 5 December 2024; appeal from Mombasa CMELRC No. E273 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/812/eng@2025-03-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.