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MagistrateAllowedNot stated in the judgment

Wafula v Menengai Oil Refineries Limited (Cause E233 of 2024) [2026] KEMC 106 (KLR)

Employment and Labour Relations Court (presided over by a Senior Principal Magistrate)
26 May 2026
1,106 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nakuru court stopped enforcement of an employment judgment, but only because the losing party agreed to deposit the money awarded in a joint account.

What this practically means

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Executive summary

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This ruling by a Senior Principal Magistrate at Nakuru determines a Notice of Motion dated 03/03/2026 in which the Respondent/Applicant, Peter Kanenje Muchibi, sought a stay of execution of a judgment delivered on 24/02/2026 pending an appeal lodged before the Employment and Labour Relations Court. The application was grounded on Article 50(1) of the Constitution, the Employment and Labour Relations Court Act and the ELRC (Procedure) Rules. The Applicant argued that an appeal does not operate as an automatic stay; that he would suffer substantial loss because the Claimant/Respondent, Bramwel Matakala Wafula, had no known assets or stable income and might be unable to refund the decretal sum; and that he was willing to deposit the decretal sum in a joint interest-earning account or in court. The Claimant/Respondent opposed, contending the court lacked jurisdiction under rule 21(2) of the ELRC (Procedure) Rules 2024 and that no memorandum of appeal had been served. The court framed two issues: its own jurisdiction and satisfaction of the stay conditions. It held that rule 21(1) designates no specific forum and only requires a declaration of any similar application elsewhere, so it had jurisdiction. Applying Order 42 rule 6(2) of the Civil Procedure Rules, it found substantial loss, no unreasonable delay, and security offered. The court granted a stay of the 24/02/2026 judgment pending appeal, conditional on the decretal sum being deposited in a joint interest-earning account in the names of both advocates within 30 days, with costs to 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 this court has jurisdiction to hear and determine the application for stay of execution pending appeal
  2. 2.Whether the Respondent/Applicant has proved/satisfied all the conditions set for the grant of stay

Key legal issues

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01

Jurisdiction of the court to hear a stay of execution application pending appeal

Holding

The court has jurisdiction; rule 21(1) of the ELRC (Procedure) Rules 2024 designates no specific court and only requires the applicant to declare any similar application filed elsewhere, so the application could properly be lodged in this court.

Reasoning

The court examined rule 21 of the ELRC (Procedure) Rules 2024. Rule 21(2) requires a stay application to be filed in the appeal file, but rule 21(1) does not designate a specific court; it only requires the applicant to declare, in the verifying affidavit, whether a similar application has been lodged in any other court. Relying on this structure, the court held that such an application may be filed in any court provided the declaration is made, and therefore the objection based on lack of jurisdiction failed. The Claimant/Respondent's further point that no memorandum of appeal had been served did not defeat jurisdiction.

p. 2
02

Whether the conditions for grant of stay of execution under Order 42 rule 6(2) were satisfied

Holding

The conditions were satisfied: substantial loss was shown, the application was made without unreasonable delay, and security was offered by way of deposit of the decretal sum.

Reasoning

Applying Order 42 rule 6(2) of the Civil Procedure Rules, the court found that the applicant had shown the Claimant/Respondent had not disclosed a stable source of income and might be unable to refund the decretal sum if the appeal succeeded. The applicant offered to deposit the decretal sum in a joint interest-earning account in the names of both advocates or in court, satisfying the security condition. The judgment was delivered on 24/02/2026 and the application/appeal lodged on 03/03/2026, showing no unreasonable delay. Stay was granted on those terms.

p. 3

Legal principles established

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  • An application for stay of execution pending appeal may be filed in any court provided that, under rule 21(1), the applicant declares in the supporting affidavit whether a similar application has been filed in any other court.
  • An appeal does not operate as a stay of execution; a formal application for stay must be made to the court appealed from or the appellate court.

Court orders

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  1. 1.A stay of the judgement delivered on 24/02/2026 is granted pending the hearing of the appeal lodged before the Employment and Labour Relations Court
  2. 2.The decretal sum be deposited in a joint interest earning account in the names of both advocates
  3. 3.The deposit be made within 30 days from the date hereof
  4. 4.Costs to abide the outcome of the appeal

The bench

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

AN
Aloyce-Peter- NdegeSenior Principal Magistrate
majority

Wrote the judgment

Jurisdiction invoked
Article 50(1) of the Constitution of Kenya; sections 3 and 12 of the Employment and Labour Relations Court Act; Rules 44 and 45 of the Employment and Labour Relations Court (Procedure) Rules, read with rule 21 of the ELRC (Procedure) Rules 2024 and 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.

The court thus orders that a stay of the Judgement delivered on 24/02/2026 is granted pending the hearing of the appeal lodged before the Employment and Labour Relations Court on the condition that the decretal sum herein be deposited in a joint interest earning account in the names of both advocates.
p. 3Final orders - stay of execution granted on condition of deposit
Costs herein to abide the outcome of the appeal.
p. 3Costs order
this court thus finds that such an application can be filed in any other court provided that the same is declared and this court thus has jurisdiction to hear the application.
p. 2Jurisdiction to hear stay applications under rule 21
No order for stay of execution shall be made under sub rule (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; and (b) Such security as the court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the applicant.
p. 3Statutory conditions for stay of execution

Issues in the judgment

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minor

The caption/case number of the suit is missing from the judgment text; the judgment opens directly with the notice of motion.

minor

The judgment labels the moving party 'Respondent/Applicant' and the opposing party 'Claimant/Respondent', which is atypical; the applicant is described as the party who lost the judgment and filed an appeal, yet is designated Respondent.

minor

The judgment states the appeal is 'lodged before the Employment and labour relations Court' yet the decision itself appears to be rendered by a Senior Principal Magistrate at Nakuru, creating ambiguity as to the court appealed from and the hierarchy of the file.

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, "Wafula v Menengai Oil Refineries Limited (Cause E233 of 2024) [2026] KEMC 106 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/106/eng@2026-05-26

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