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Case Brief · caselaw.co.ke
Court of AppealDismissedNairobi ELRC No. E370 of 2021 (intended appeal from); Notice of Motion dated 21st November 2025 (stay application)· [2026] KECA 1263 (KLR)

Kenya Revenue Authority v Cliff Bwogo Manoti

Court of Appeal
3 July 2026
1,552 words in judgment
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The bottom line

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Kenya's Court of Appeal refused to pause a Kshs 1.4 million judgment against KRA, confirming that money decrees can be recovered if an appeal later succeeds.

What this practically means

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Executive summary

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The Court of Appeal (S. Gatembu Kairu, P. Nyamweya and Katwa Kigen JJ.A) heard a Notice of Motion dated 21st November 2025 by the Kenya Revenue Authority seeking stay of execution of a judgment of the Employment and Labour Relations Court at Nairobi (H. Wasilwa J.) delivered on 28th October 2025, which awarded Clifi Bwogo Manoti Kshs 1,400,000/- less statutory deductions, plus costs and interest, being his claim for non-practice and prosecutorial allowance from his date of employment until he left on 10th November 2020. The application was opposed by the respondent and by the Law Society of Kenya as 1st interested party; the 2nd interested party did not participate. Applying the two-limb test for stay of execution amplified in Stanley Kang’ethe Kinyanjui vs Tony Ketter & 5 Others, the Court found the intended appeal arguable on the question whether the public service circulars relied on by the trial court, and the Court of Appeal's decision in NEMA vs Wabwoto, applied to the applicant. However, on the nugatory limb, the Court held that the decree was a money decree, there was no evidence of the multiple similar suits alleged, the respondent was a person of means capable of refunding the decretal sum, and lack of budgetary provision was not exceptional circumstances justifying a stay. Both limbs being required, the application failed. The motion was dismissed with costs to the respondent and the 1st interested party.

Key legal issues

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01

Arguability of the intended appeal

Holding

The intended appeal was arguable on the question whether the cited public service circulars and the Wabwoto decision applied to the applicant

Reasoning

The Court restated the low threshold: an arguable appeal need only raise one bona fide point of law or fact worthy of consideration. The applicant's challenge to the trial court's interpretation of the circulars and the applicability of NEMA vs Wabwoto met this threshold.

p. 3
02

Nugatory prejudice

Holding

The appeal would not be rendered nugatory; the applicant failed to prove multiple suits or inability to recover the money decree

Reasoning

Whether an appeal will be rendered nugatory depends on whether the thing to be stayed is reversible or, if not, whether damages reasonably compensate the aggrieved party. The decree is a money decree; there was no evidence of multiple related suits, and the respondent, an advocate of means, could refund the decretal sum if the appeal succeeded.

p. 3

Legal principles established

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  • An arguable appeal is one that raises at least a single bona fide issue deserving consideration; it need not ultimately succeed
  • A stay applicant must satisfy both the arguability and nugatory limbs
  • A successful litigant is entitled to the fruits of a money decree, which the judgment debtor's lack of budgeting does not defeat

Court orders

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  1. 1.The Notice of Motion dated 21st November 2025 seeking stay of execution is dismissed
  2. 2.Costs of the application awarded to the respondent and the 1st interested party
On appeal from
Employment and Labour Relations Court, Nairobi
Nairobi ELRC No. E370 of 2021
Jurisdiction invoked
Inherent appellate jurisdiction to grant stay of execution pending appeal (Rule 5(2)(b) jurisdiction of the Court of Appeal invoked by analogy; provision not expressly cited)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kenya Revenue Authority v Cliff Bwogo Manoti", Case Analysis (2026). Nairobi ELRC No. E370 of 2021 (intended appeal from); Notice of Motion dated 21st November 2025 (stay application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1263/eng@2026-07-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.