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ELRCDismissedMilimani Employment and Labour Relations Court Appeal No. E245 of 2023· [2025] KEELRC 2334 (KLR)

Pannju Agencies Company Limited v Mwai (Employment and Labour Relations Appeal E245 of 2023) [2025] KEELRC 2334 (KLR)

Employment and Labour Relations Court of Kenya
30 July 2025
JKJ. W. Keli
2,667 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to pause enforcement of a judgment because the company appealing filed its notice of appeal 19 days late, so its appeal cannot proceed for now.

What this practically means

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Executive summary

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The applicant, Pannju Agencies Co. Ltd, aggrieved by a judgment of the Employment and Labour Relations Court delivered on 12th February 2025 in Milimani ELRC Appeal No. E245 of 2023, filed a Notice of Motion dated 16th April 2025 seeking a stay of execution of that judgment and any consequential decree pending the hearing and determination of its intended appeal to the Court of Appeal. The application was supported by the affidavit of its Director, Zinedine Kimamo Njogu, who offered security by way of a bank guarantee and later proposed depositing half of the decretal sum of Kshs. 397,798.88 in court. The respondent opposed the application through grounds of opposition and a replying affidavit, contending that the Notice of Appeal was lodged out of time - thirty-three days after judgment rather than within the fourteen days required by Rule 77 of the Court of Appeal Rules, 2022 - and that without a valid notice of appeal or an extension of time under Rule 4, the court lacked jurisdiction to grant a stay. The court agreed. Applying the principles in Butt v Rent Restriction Tribunal, it held that the notice of appeal lodged on 1st April 2025 was out of time and a nullity, that the applicant should first have sought leave of the Court of Appeal to appeal out of time, and that absent a valid notice of appeal the court had no jurisdiction to grant a stay, regardless of the security offered. The application was dismissed with costs to the respondent and the interim stay orders were set aside.

Key legal issues

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01

Whether the application for stay of execution pending appeal was merited

Holding

The application was unmerited because the Notice of Appeal was filed out of time without an extension, so there was no competent appeal pending to justify a stay

Reasoning

The court reasoned that the foundation for a stay is a valid notice of appeal lodged within 14 days under Rule 77 of the Court of Appeal Rules, 2022. The applicant's notice was lodged on 1st April 2025, thirty-three days after the judgment of 12th February 2025, and no extension of time was sought from the Court of Appeal. Without a valid notice of appeal the court lacked jurisdiction to grant the stay, and no security offer could cure the defect.

p. 5

Legal principles established

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  • A court can only grant a stay of execution pending appeal if there is a valid Notice of Appeal before it; a notice lodged out of time without an extension of time is a nullity and robs the court of jurisdiction

Court orders

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  1. 1.The application dated 16th April 2025 is dismissed with costs to the respondent
  2. 2.The interim orders are set aside
Jurisdiction invoked
Sections 1A, 1B, 3, 3A of the Civil Procedure Act; Order 51 rule 1, Order 42 rule 6 and Order 22 rule 25 of the Civil Procedure Rules, 2010; Article 159 of the Constitution of Kenya, 2010

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, "Pannju Agencies Company Limited v Mwai (Employment and Labour Relations Appeal E245 of 2023) [2025] KEELRC 2334 (KLR)", Case Analysis (2025). Milimani Employment and Labour Relations Court Appeal No. E245 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2334/eng@2025-07-30

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