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ELRCAllowedNot stated in the judgment (appeal lodged on 29th January 2025 against Ruling in Nyamira CMELRC No. E006 of 2022)

Nyamira County Public Service Board & 2 others v Anari (Appeal E002 of 2025) [2025] KEELRC 969 (KLR)

Employment and Labour Relations Court (High Court seat at Kisii)
25 March 2025
NMNzioki wa Makau
1,298 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This was a notice of motion dated 31st October 2024 by the Appellants seeking a stay of proceedings in Nyamira CMELRC No. E006 of 2022 pending hearing and determination of their appeal lodged on 29th January 2025. The appeal challenged a Ruling delivered on 29th October 2024 in which the magistrate dismissed the Appellants' preliminary objection dated 19th December 2023 challenging the subordinate court's jurisdiction. The Appellants argued that proceedings conducted without jurisdiction are a nullity, that the appeal had high chances of success, relying on Base Titanium v Mohamed Yusuf Iqbal Jin and Owners of Motor Vessel 'Lilian S', and invoked section 87(2) of the Public Service Commission Act. The Respondent, through a replying affidavit and submissions, contended that the Appellants had not shown the appeal was arguable or that it would be rendered nugatory, relying on William Odhiambo Ramogi, Turbo Highway Eldoret v Muniu and Wildlife Service v James Mutembei to stress that a stay of proceedings is a grave judicial action impinging on the right to a fair trial. Nzioki wa Makau, J framed a single issue: whether a stay should be granted. Holding that the subordinate court matter was challenged on jurisdiction and that a preliminary objection had been dismissed, the Court reasoned that allowing the matter to proceed while the jurisdictional question lay pending before it would result in the misuse of scarce judicial resources. The Court accordingly granted a stay of Nyamira CMELRC No. E006 of 2022 and ordered that costs would abide the outcome of the appeal.

Questions the Court framed

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

  1. 1.Whether a stay of proceedings in Nyamira CMELRC No. E006 of 2022 should be granted pending the hearing and determination of the appeal

Key legal issues

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01

Whether a stay of proceedings should be granted where a preliminary objection on jurisdiction in the subordinate court has been dismissed and an appeal on jurisdiction is pending

Holding

The stay was granted because the jurisdictional question was pending before the Court and allowing the trial to continue would waste judicial resources.

Reasoning

The Court noted that the case before the subordinate court was challenged on grounds of jurisdiction and that a preliminary objection on that point had been raised and dismissed. It took the view that permitting the magistrate to continue hearing the matter while the jurisdictional question was pending on appeal would amount to expending scarce judicial resources on proceedings that may be declared a nullity. On that basis it acceded to the stay sought.

p. 3

Legal principles established

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  • Where the jurisdiction of the subordinate court is challenged and that challenge is pending on appeal, allowing the subordinate court to proceed would amount to a misuse of scarce judicial resources; a stay of proceedings is warranted pending determination of the jurisdictional question.

Court orders

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  1. 1.Stay of Nyamira CMELRC No. E006 of 2022 – Japheth Moindi Anari v Nyamira County Government & another granted pending hearing and determination of the appeal
  2. 2.Costs to abide the outcome in the Appeal

The bench

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

NM
majority

Wrote the judgment

On appeal from
Nyamira Magistrates Court (CMELRC)
Nyamira CMELRC No. E006 of 2022
Jurisdiction invoked
Appellate jurisdiction over appeals from the subordinate court in employment and labour matters; appeal lodged 29th January 2025 against the Ruling of 29th October 2024

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.

In the premises the Court accedes to the stay sought and grants stay of Nyamira CMELRC No. E006 of 2022 – Japheth Moindi Anari v Nyamira County Government & another. Costs will abide the outcome in the Appeal. It is so ordered.
p. 3Final orders - stay of proceedings granted
to allow the matter to proceed without the Appellant ventilating the question of jurisdiction would in my view result in the misuse of scarce judicial resources by permitting the Learned Magistrate to proceed while a question of jurisdiction lies pending before this Court.
p. 3Stay pending appeal on jurisdiction

Issues in the judgment

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minor

Judgment does not state the suit number of the appeal before the ELRC or the name of the second Appellant, recording parties only as 'the Appellants' and granting stay of a case styled 'Nyamira County Government & another'.

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, "Nyamira County Public Service Board & 2 others v Anari (Appeal E002 of 2025) [2025] KEELRC 969 (KLR)", Case Analysis (2025). Not stated in the judgment (appeal lodged on 29th January 2025 against Ruling in Nyamira CMELRC No. E006 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/969/eng@2025-03-25

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