Kenya National Union of Teachers Nakuru Branch & 2 others v James Mungai Muhia [2020] KECA 449 (KLR)
The bottom line
#The Court of Appeal paused a Ksh.12 million payment and contempt orders against KNUT officials, ruling the appeal worth hearing and the money likely unrecoverable.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
Arguability was established on the supporting affidavit and grounds of appeal, including whether the respondent had been paid his emoluments and whether the consent order had been complied with.
The court drew on the supporting affidavit which also contained the grounds of appeal and identified at least one arguable point. It emphasised that a single arguable issue suffices and that an arguable appeal is one that is not frivolous and deserves full argument, citing Joseph Gitahi Gachau v. Pioneer Holdings.
Nugatory aspect - refund of Ksh. 12,000,000
The nugatory aspect was demonstrated because the respondent adduced no evidence to rebut the claim of his impecuniosity, making recovery of the money doubtful if the appeal succeeded.
The impugned ruling had two aspects: a contempt fine and payment of Ksh. 12 million. Applying International Laboratory for Research on Animal Diseases v Kinyua, the court held the onus shifted to the respondent to rebut impecuniosity with evidence. He failed to do so, so payment could be irrecoverable, satisfying the nugatory test.
The contempt fine
Rather than staying the fine outright, the court ordered each applicant to deposit Ksh.100,000 in Court within 14 days, failing which the stay orders would be vacated automatically.
The court recognised the difficulty in recovering money paid to the Government as a fine if the order for payment is later reversed. It therefore structured a conditional order preserving the position of both parties pending the appeal, while leaving the propriety of the conviction and sentence for determination in the appeal.
Legal principles established
#- An application for stay under Rule 5(2)(b) must satisfy the twin principles of arguability and the nugatory aspect.
- An arguable appeal need not necessarily succeed; it suffices that it is not frivolous and ought to be argued fully, and one arguable issue is enough.
- Where impecuniosity is alleged as the basis of the nugatory aspect, the burden shifts to the respondent to rebut the claim by adducing sufficient evidence.
- An appeal will be rendered nugatory where what is sought to be stayed is irreversible or not reasonably compensable by damages.
Court orders
#- 1.Each applicant to deposit Ksh.100,000 in Court within 14 days from the date of the Ruling, failing which the stay orders will be automatically vacated and the respondent free to execute
- 2.The deposited money to be held in Court pending hearing and determination of the intended appeal
- 3.Stay of execution of the ruling and orders of the ELRC at Nyeri delivered on 6th April 2020 granted as prayed, subject to the deposit condition
- 4.Costs of the application to be in the intended appeal
- On appeal from
- Employment and Labour Relations Court at Nyeri
- ELRC Cause No. 31 of 2019
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- James Mungai Muhia v Kenya National Union of Teachers & 2 others [2020] KEELRC 63 (KLR)[2020] KEELRC 63 (KLR)12 Oct 2020
- James Mungai Muhia v Kenya National Union of Teachers & 2 others [2020] KEELRC 30 (KLR)[2020] KEELRC 30 (KLR)12 Oct 2020
Cite this brief
#Cite this brief
Caselaw, "Kenya National Union of Teachers Nakuru Branch & 2 others v James Mungai Muhia [2020] KECA 449 (KLR)", Case Analysis (2020). Nyeri Civil Application No. 35 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/449/eng@2020-08-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.