Principal Secretary- Ministry of Interior & Co-ordination of National Government & another v Macharia & another
The bottom line
#Kenya's Court of Appeal paused payment of an employment award against the Interior Ministry until its appeal is decided, because the employees couldn't show they could refund the money.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended appeal is arguable
Arguable - the complaint that the learned judge failed to take into account the statutory and regulatory procedure for disciplining civil servants raises arguable matters.
The applicants argued the ELRC judge disregarded the Public Service Commission Act, the Public Service Commission Regulations 2005, the Human Resources Policy and Procedure Manual, and section 41 of the Employment Act. The court held that whether the judge failed to apply these applicable provisions in disciplining and removing the respondents was arguable, without deciding the merits.
Whether the appeal's success would be rendered nugatory if stay is denied
The nugatory limb was satisfied because the respondents gave no assurance they could refund the decretal sums if the appeal succeeded.
The applicants asserted the respondents had not demonstrated capacity to refund the decretal amounts. On reviewing the replying affidavit, the court found no assurance of refundability and considered it more prudent that the dispute be settled on appeal with finality before payment of the decretal sums.
Legal principles established
#- An applicant under rule 5(2)(b) must satisfy the twin requirements that the appeal is arguable and that its success would not be rendered nugatory if stay is refused.
Court orders
#- 1.Stay of execution of the judgment and decree of the ELRC dated 28th June 2021 in ELRC Cause No. 1718 of 2017 pending the hearing and determination of the appeal
- 2.Costs in the appeal
- On appeal from
- Employment & Labour Relations Court at Nairobi
- ELRC Cause No. 1718 of 2017
- Jurisdiction invoked
- Articles 159 and 164 of the Constitution, sections 3, 3A and 3B of the Appellate Jurisdiction Act, Rule 5(2)(b) of the Court of Appeal Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Principal Secretary- Ministry of Interior & Co-ordination of National Government & another v Macharia & another", Case Analysis (2022). Civil Application E356 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/556/eng@2022-05-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.