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ELRCAllowedELRC Cause No. E823 of 2024

Nigel Bright v Tractebel Engineering GmbH, formerly Lahmeyer International GmbH

Employment & Labour Relations Court of Kenya
21 September 2026
HWHellen Wasilwa
2,191 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The respondent, Tractebel Engineering GmbH, applied by Notice of Motion dated 18th June 2026 for a stay of proceedings in this employment cause pending its intended appeal to the Court of Appeal against a ruling of 28th May 2026 dismissing its preliminary objection. The objection had challenged the court's jurisdiction on grounds that the respondent was a foreign entity not properly before the court, that no employer-employee relationship existed as the claimant was an independent contractor, and that the claim was statute-barred under Section 90 of the Employment Act. The respondent argued the appeal was arguable, that jurisdiction and limitation go to the root of the claim, and that proceeding would render the appeal nugatory, relying on Imperial Bank v Alnashir Popat, Butt v Rent Restriction Tribunal and Global Tours & Travels. The claimant opposed, contending no appeal had been filed (only a Notice of Appeal), no prejudice would be suffered, and stay would impede access to justice, citing Kenya Wildlife Service v Mutembei and Mocha Hotel v Kwanza Estates. In a brief ruling, Justice Hellen Wasilwa held that the issues raised in the intended appeal on jurisdiction and limitation go to the root of the entire claim, and ordered a further stay of proceedings pending the appeal, with costs in the cause. The ruling is notably terse, adopting the 'Lilian S' authority without detailed analysis of the stringent test for stay urged by the claimant.

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 pending the respondent's intended appeal to the Court of Appeal should be granted
  2. 2.Whether the applicant demonstrated sufficient cause, including substantial loss, to warrant a stay
  3. 3.Whether the application was brought without delay

Key legal issues

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01

Whether stay of proceedings pending appeal was warranted

Holding

Stay granted because the intended appeal raises jurisdictional and limitation issues going to the root of the claim.

Reasoning

The court noted the applicant's intended appeal challenges jurisdiction and limitation, matters it considered fundamental to the competence of the entire claim. Invoking the 'Lilian S' case, it concluded that proceeding could render the appeal nugatory and adopted the Imperial Bank test on sufficient cause and delay, finding the application timely and the grounds arguable.

p. 11

Legal principles established

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  • Where the issues raised in an intended appeal go to the root of the entire claim, the trial court may stay its own proceedings pending the appeal.

Court orders

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  1. 1.Further stay of this court's proceedings pending the hearing and determination of the appeal before the Court of Appeal
  2. 2.Costs in the cause

The bench

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

HW
majority

Wrote the judgment

Jurisdiction invoked
Section 12 of the Employment and Labour Relations Court Act; Order 42 Rule 6 of the Civil Procedure Rules

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 circumstances, I will down my tools and order further stay of this court's proceedings pending the hearing and determination of the appeal before the Court of Appeal. Costs in the cause.
p. 11Final orders - stay of proceedings granted
The issues raised in the appeal on jurisdiction and limitation of time go to the root of the entire claim based on the celebrated case of “Lilian S”.
p. 11Reasoning for granting stay

Issues in the judgment

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minor

Application dated 18th June 2026 but ruling delivered 21st September 2026 while cause number is of 2024; chronology internally inconsistent.

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, "Nigel Bright v Tractebel Engineering GmbH, formerly Lahmeyer International GmbH", Case Analysis (2026). ELRC Cause No. E823 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2459/eng@2026-09-21

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