County Government of Kisii & 2 others v Kenya County Government Workers Union (Civil Application E064 of 2024) [2024] KECA 1810 (KLR)
The bottom line
#The Court of Appeal refused to halt a Kshs. 217 million judgment against Kisii County, ruling that money judgments are rarely stopped when the recipient can repay.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the intended appeal is arguable
- 2.Whether the appeal would be rendered nugatory if stay of execution is not granted
Key legal issues
#Whether the intended appeal is arguable
The Court found at least one bona fide arguable ground, particularly regarding the computation of the emoluments awarded.
Applying the Stanley Kangethe Kinyanjui test, the Court examined the grounds in the motion and draft memorandum of appeal. It found the appeal arguable, particularly on the computation of emoluments, since the ELRC disregarded the applicants' verified list of Kshs. 35,645,062.00 and awarded Kshs. 217,317,562.00.
Whether the appeal would be rendered nugatory if stay is not granted
The applicants failed the nugatory limb; this being a money decree, no evidence showed the respondent could not refund, and the decretal amount could be adequately compensated by damages.
The Court noted the money decree principle from Kenya Shell v. Kibiru that execution of money decrees is rarely stayed. The union has financial muscle from members' monthly subscriptions. The applicants offered no evidence of inability to refund, so failure to stay would not render the appeal nugatory.
Legal principles established
#- An application for stay under rule 5(2)(b) must satisfy both limbs - the appeal must be arguable and, if successful, would be rendered nugatory absent a stay.
- Execution of money decrees is rarely stayed; the applicant must show the respondent would be unable to refund the decretal amount if the appeal succeeds.
- An arguable appeal need not necessarily succeed; it is one that is not frivolous and deserves full argument.
Court orders
#- 1.The application dated 24th May 2024 is dismissed
- 2.Costs shall abide the outcome of the intended appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- Employment and Labour Relations Court
- Cause No. E007 of 2021
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules
Relief refused
#Stay of execution of the ELRC judgment, decree and ruling awarding Kshs. 217,317,562.00
While the appeal was held arguable, the applicants failed to demonstrate that execution could not be reversed or compensated by damages; no evidence showed the union could not refund the decretal amount.
Costs
Costs shall abide the outcome of the intended appeal.
Quotable passages
#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 upshot then is that the application dated 24th May 2024 is dismissed. Costs shall abide the outcome of the intended appeal.
Whether or not an appeal will be rendered nugatory depends on whether or not what is sought to be stayed if allowed to happen is reversible; or if it is not reversible whether damages will reasonably compensate the party aggrieved.
While the appeal is arguable, the applicant has failed to demonstrate that the appeal would be rendered nugatory if the stay is not granted.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Kisii & 2 others v Kenya County Government Workers Union (Civil Application E064 of 2024) [2024] KECA 1810 (KLR)", Case Analysis (2024). Civil Application No. E00X of 2024 (Nairobi) - application dated 24th May 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1810/eng@2024-12-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.