Kenya Concrete, Structural, Ceramic Tiles, Woodplys and Interior Design Worke v Intex Construction Limited; Kenya Building Construction Timber & Furniture Employees Union (Interested Party) (Employment and Labour Relations Cause E559 of 2020) [2025] KEELRC 1480 (KLR)
The bottom line
#A Nairobi employment court paused enforcement of a judgment against an employer, but only after the employer deposits the full judgment amount in court within 30 days.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application for stay of execution of the judgment of 3rd December 2024 was filed without unreasonable delay
- 2.Whether the Applicant stands to suffer substantial loss if stay is not granted
- 3.Whether the Applicant has an arguable intended appeal
- 4.Whether stay should be granted and on what conditions, including security
Key legal issues
#Whether stay of execution pending intended appeal should issue
Stay granted conditionally on deposit of the entire decretal sum in court within 30 days, failing which execution may proceed.
The court noted a Notice of Appeal had been filed, meaning the applicant technically intends to appeal. Balancing the parties' positions, the judge found that preserving the substratum of the appeal required a stay, but only upon the security of the full decretal sum being deposited within 30 days, with execution to proceed on default. No substantial-loss analysis is spelled out in the ruling; the decision rests on the discretion under Order 42 Rule 6 conditioned on security.
Legal principles established
#- Stay of execution under Order 42 Rule 6 may be granted to preserve the substratum of an intended appeal, conditional on the applicant providing security by depositing the decretal sum in court.
Court orders
#- 1.Stay of execution of the judgment delivered on 3rd December 2024 granted on condition that the Applicant deposits the entire decretal sum in court within 30 days
- 2.In default of the deposit, execution may proceed
- 3.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 42 Rule 6(1) and (2) of the Civil Procedure Rules (stay of execution pending intended appeal)
Quotable passages
#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 view of this fact and in order to preserve the substratum of the appeal, I would allow stay of execution on condition that the Applicant deposits entire decretal sum in court within 30 days in default execution may proceed. Costs in the cause.
No order for stay of execution shall be made under subrule (1) unless— (a) the court is satisfied that substantial loss may result to the applicant unless the order is made and that the application has been made without unreasonable delay;
It is true that the Applicants have filed a Notice of Appeal in this matter and hence technically intending to proceed on appeal of this court's order.
Issues in the judgment
#The judgment cites 'Article 42 (2)(c) of the Constitution' for trade union membership; the provision guaranteeing labour relations rights is Article 41, suggesting a misnumbering within the judgment itself.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Concrete, Structural, Ceramic Tiles, Woodplys and Interior Design Worke v Intex Construction Limited; Kenya Building Construction Timber & Furniture Employees Union (Interested Party) (Employment and Labour Relations Cause E559 of 2020) [2025] KEELRC 1480 (KLR)", Case Analysis (2025). Notice of Motion dated 7th March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1480/eng@2025-05-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.