County Government of Vihiga v Kenya Union of Clinical Workers & 76 Others
The bottom line
#Kenya's Court of Appeal dismissed a stay application because no notice of appeal covered the judgments being challenged, and dismissed rulings cannot be stayed.
What this practically means
#Executive summary
#Key legal issues
#Whether stay can issue in respect of decisions against which no notice of appeal has been filed
It cannot; a notice of appeal under Rule 77 is a jurisdictional prerequisite to a Rule 5(2)(b) stay application.
The applicant sought to stay the two earlier judgments as well as the ruling, but conceded it had only filed a notice of appeal against the ruling. The Court held that Rule 5(2)(b) jurisdiction is triggered only by a notice of appeal filed in accordance with Rule 77, citing Nguruman Limited and D E N v P N N. Since no notice of appeal evinced an intention to challenge the two judgments, no stay of them could be granted.
Whether the ruling of 29th February 2024, which dismissed a review application, is capable of stay
No; it was a negative order imposing no positive obligation and is therefore incapable of stay.
The ruling merely dismissed the applicant's plea to review part of the earlier judgment and its computation; it required no further performance of obligations. The positive obligations were contained in the decisions of 26th May 2023 and 30th November 2023. Relying on the long-standing principle in Western College of Arts and Applied Sciences v EP Oranga, the Court held that a negative order cannot be stayed, and the ruling of 29th February 2024 fared no better.
Legal principles established
#- Jurisdiction to hear a stay application under Rule 5(2)(b) of the Court of Appeal Rules is triggered by the filing of a notice of appeal in accordance with Rule 77, and is a jurisdictional prerequisite
- A negative order is incapable of stay
Court orders
#- 1.Prayer 2 of the motion (deeming the record of appeal filed within the prescribed period) withdrawn and withdrawal granted
- 2.Notice of motion dated 30th September 2024 dismissed with costs
- On appeal from
- Employment and Labour Relations Court, Bungoma
- ELRC No. 32 of 2021
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules, triggered by filing of a notice of appeal under Rule 77
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Vihiga v Kenya Union of Clinical Workers & 76 Others", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1411/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.