Kenya Tea Growers Association Unilever Tea Growers Association v Kenya Plantation and Agricultural Workers Union [2018] KECA 458 (KLR)
The bottom line
#The Court of Appeal refused to suspend an order returning tea workers to their jobs, because the employers could be compensated with money if their appeal later succeeded.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal was arguable
The intended appeal was arguable; the applicants' complaints raised serious questions of law.
The applicants questioned the legality of the learned judge ordering all employees, including those dismissed, to resume work unconditionally at an interlocutory stage before hearing the clarification application; the reinstatement of employees who had disobeyed court orders; and reinstatement absent a formal application. The court found these complaints raised serious questions of law and were not frivolous.
Whether the intended appeal would be rendered nugatory if stay was not granted
The appeal would not be rendered nugatory because the applicants would have a remedy in damages if successful.
Applying Stanley Kangethe Kinyanjui vs Tony Keter, the court held that each case must depend on its own facts. Although the applicants claimed the monthly salary of Kshs.10,000,000 could not be recovered from the respondent, the respondent contended this was a monetary decree and the employees were working and could repay. The court found damages an adequate remedy and declined stay.
Legal principles established
#- An applicant under Rule 5(2)(b) must satisfy both twin principles - an arguable appeal and that the appeal would be rendered nugatory absent stay - before the court can exercise its discretion in the applicant's favour.
- Whether an appeal will be rendered nugatory depends on whether what is sought to be stayed is reversible, or, if irreversible, whether damages will reasonably compensate the aggrieved party.
Court orders
#- 1.The notice of motion application dated the 19th January, 2018 is dismissed
- 2.Costs of the application shall abide the outcome of the intended appeal
- On appeal from
- Employment and Labour Relations Court at Nairobi
- ELRC No. 1578 of 2017 (as consolidated with Nos. 1576, 1579, 2078 and Misc. Nos. 154 and 155 of 2017)
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and Rules 5(2)(b) and 103 of the Court of Appeal Rules (application for stay of execution pending intended appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Tea Growers Association Unilever Tea Growers Association v Kenya Plantation and Agricultural Workers Union [2018] KECA 458 (KLR)", Case Analysis (2018). Civil Application No. 8 of 2018 (UR. 7/2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/458/eng@2018-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.