Kenya Ports Authority Pension Scheme & 8 others v Kinyua Muyaa & Co. Advocates [2020] KECA 133 (KLR)
The bottom line
#Kenya's Court of Appeal paused enforcement of an advocate fee ruling against the KPA Pension Scheme because a jurisdiction-free judgment cannot ground fee assessment.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution pending the hearing and determination of an intended appeal should be granted under Rule 5(2)(b)
The court found the applicant had demonstrated an arguable appeal and that it would be rendered nugatory absent stay, and allowed the motion.
Applying the principles in Stanley Kang'ethe Kinyanjui v Tony Keter, the court noted the applicant's intention to challenge on appeal whether a judgment set aside as a nullity for want of jurisdiction can be a basis for assessing instruction fees. The court found the appeal arguable and the apprehension that the respondent would move to execute the impugned ruling sufficient to show the appeal would be rendered nugatory absent stay. The motion dated 20th July 2020 was accordingly allowed.
Legal principles established
#- An applicant for stay under Rule 5(2)(b) must demonstrate that the intended appeal is arguable and that, absent stay, the appeal will be rendered nugatory.
Court orders
#- 1.The Notice of Motion dated 20th July, 2020 is allowed
- 2.Costs of the motion shall be in the intended appeal
- On appeal from
- Employment & Labour Relations Court of Kenya at Mombasa
- ELRC Misc. Civil Application No. 13 of 2015
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Ports Authority Pension Scheme & 8 others v Kinyua Muyaa & Co. Advocates [2020] KECA 133 (KLR)", Case Analysis (2020). Civil Application No. E. 207 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/133/eng@2020-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.