SKK & 48 others v Finlays (Kenya) Ltd & 7 others (Civil Appeal (Application) E180 of 2025) (12 June 2026) (Reasons) [2026] KECA 1137 (KLR)
The bottom line
#The Court of Appeal refused to halt tribunal proceedings because the application lacked a valid notice of appeal and targeted the wrong court.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether a competent notice of appeal is a jurisdictional prerequisite for an interlocutory application under Rule 5(2)(b) of the Court of Appeal Rules, 2022
- 2.Whether the annexed notice of appeal related to the ruling sought to be stayed
- 3.Whether the Court of Appeal can stay proceedings before the HIV & AIDS Tribunal, a subordinate tribunal
- 4.Whether the application dated 15th January 2026 filed by the 1st respondent ought to be dismissed
Key legal issues
#Whether a competent notice of appeal is required to found jurisdiction under Rule 5(2)(b)
Yes. A defective or absent notice of appeal divests the Court of jurisdiction to entertain a Rule 5(2)(b) application, which must be struck out.
Because Article 164(3) confers strictly appellate jurisdiction, the Court can only entertain interlocutory applications where it is formally seized of an intended appeal through a competent notice of appeal. Here the annexed notice related to entirely different parties (Liptons Teas and Browns Investments) and a different case (Milimani HCCC E1132 of 2024), not the Kericho Petition No. 2 of 2023 ruling. The application therefore collapsed.
Whether the Court of Appeal may stay proceedings before the HIV & AIDS Tribunal
No. The Court lacks jurisdiction to issue Rule 5(2)(b) orders in respect of subordinate courts or tribunals.
Article 164(3) vests jurisdiction to hear appeals from the High Court and courts of equal status. An interlocutory application under Rule 5(2)(b) must link the Court to the trial court's decision via a competent notice of appeal; the Court cannot meddle in subordinate court or tribunal proceedings. Sudi and Njira were cited to affirm this hierarchical limitation. The prayer was hopelessly misconceived.
Whether the application dated 15th January 2026 had merit
It was devoid of merit and the only remedy was dismissal, as earlier ordered on 11th March 2026 under Rule 34(7).
Both prayers were fatally defective: the first was unsupported by any competent notice of appeal against the ruling sought to be stayed, and the second sought relief (stay of tribunal proceedings) the Court has no power to grant. The drafting was so erroneous that the Court could not comprehend the applicant's intention, underscoring the need for meticulous pleading.
Legal principles established
#- A valid and competent notice of appeal is an absolute jurisdictional prerequisite before the Court of Appeal may exercise its discretion under Rule 5(2)(b); absent one, the application is fatally incompetent.
- The Court of Appeal's jurisdiction under Article 164(3) is strictly appellate and interlocutory relief under Rule 5(2)(b) presupposes an intended appeal anchored on a competent notice of appeal.
- The Court of Appeal cannot directly stay proceedings before subordinate courts or tribunals; its power to stay is tied to appeals from superior courts.
Court orders
#- 1.Dismissal of the application dated 15th January 2026 (already effected on 11th March 2026), these being the reserved reasons for that decision
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Kericho
- Constitutional Petition No. 2 of 2023
- Jurisdiction invoked
- Article 164(3) of the Constitution; Rule 5(2)(b) and Rule 34(7) of the Court of Appeal Rules, 2022
Relief refused
#Stay of proceedings in HIV & AIDS Tribunal Cause E002/2023 SKK & 48 Others v J.L pending hearing and determination of this appeal
No competent notice of appeal against the Kericho High Court ruling; the notice annexed related to a different case and different parties
Stay of proceedings in HIV & AIDS Tribunal Cause E002/2023 pending a Nairobi High Court case (HCCA E1132 of 2024)
The Court has no jurisdiction to stay proceedings in subordinate courts or tribunals under Rule 5(2)(b); its jurisdiction is tied to appeals from superior courts
Costs
Costs of the application to be in the cause (prayed as 'That the costs of this application be in the cause'); the application itself was dismissed and no separate costs order is recorded in the reasons.
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.
It is an established position that a valid and competent notice of appeal is an absolute jurisdictional prerequisite before this Court can exercise its discretionary powers to grant interim reliefs under Rule 5 (2) (b) of the Court of Appeal Rules, 2022.
Absent a competent notice, the application is deemed fatally incompetent and must be struck out for want of jurisdiction.
the Court of Appeal cannot directly interfere with decisions originating from subordinate courts, as such actions require an established appellate hierarchy
By now it is manifestly clear that the inevitable conclusion is that the applicant’s application dated 15th January 2026 was devoid of merit, it lacks legs to stand on and it could only attract one remedy, dismissal, hence the reasons why we dismissed it under Rule 34.
Issues in the judgment
#The judgment describes the appellants as seeking the orders in the application, but paragraph 1 had already clarified the application was filed by the 1st respondent, Finlays (Kenya) Ltd - the applicant is misdescribed as 'the appellants' in the recital of prayers
Costs: the prayers sought 'costs of this application be in the cause' but the reasons record no express costs order upon dismissal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "SKK & 48 others v Finlays (Kenya) Ltd & 7 others (Civil Appeal (Application) E180 of 2025) (12 June 2026) (Reasons) [2026] KECA 1137 (KLR)", Case Analysis (2026). Civil Appeal (Application) E180 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1137/eng@2026-06-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.