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ELRCPartially AllowedCause No 1548 of 2010· [2013] KEELRC 370 (KLR)

LAKE VICTORIA NORTH WATER SERVICES BOARD V FRANCIS SHIRE CHACHI & AMATSI WATER COMPANY [2013] KEELRC 370 (KLR)

Industrial Court (Employment and Labour Relations Court)
3 May 2013
JRJames Rika
270 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan employment court only paused enforcement after the losing employer agreed to deposit the full awarded money in court within seven days.

What this practically means

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Executive summary

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This is a ruling of the Industrial Court (Employment and Labour Relations Court) delivered by James Rika, Judge, on 3rd May 2013 at Nairobi. The Lake Victoria North Water Services Board, an objector in execution proceedings, applied by notice dated 22nd February 2013 to stay execution of the Court's orders of 8th February 2013, which had rejected its objection, pending an intended appeal. The Claimant filed a replying affidavit sworn on 26th February 2013, and the parties disposed of the application by written submissions. On 11th March 2013 the court had, ex parte under certificate of urgency, ordered the objector to deposit the entire decretal amount in Court within 7 days, with execution to proceed in default. The court found no evidence that any money had been deposited, and the Claimant had not proceeded with execution. Weighing the parties' rights and obligations from the inception of the claim to the intended appeal, the court granted a conditional stay: the objector was once again ordered to deposit the entire amount awarded to the Claimant in Court within 7 days of the ruling; stay of execution of the orders of 8th February 2013 was allowed upon such deposit; and in default of the deposit order, the Claimant was at liberty to execute. No costs order was recorded. The intended appeal was not before the court and no decision below was disturbed.

Key legal issues

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01

Conditional stay of execution pending intended appeal

Holding

The court granted a conditional stay, requiring the objector to deposit the entire decretal amount in Court within 7 days, failing which the claimant may execute

Reasoning

The court weighed the submissions and the parties' respective rights and obligations from the inception of the claim through to the intended appeal. The objector, whose objection to execution had been rejected on 8th February 2013 and who had earlier failed to comply with an order of 11th March 2013 to deposit the decretal amount, was given a further opportunity to deposit the funds, with execution permitted in default.

p. 1

Legal principles established

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  • A stay of execution pending intended appeal may be granted on condition that the entire decretal amount is deposited in Court, with liberty to execute in default of such deposit

Court orders

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  1. 1.The Objector is ordered to deposit the entire amount awarded to the Claimant in Court within 7 days of the Ruling
  2. 2.Stay of execution of the orders given on 8th February 2013 is allowed upon the deposit of the entire amount awarded to the Claimant in Court
  3. 3.In default of Order 1, the Claimant is at liberty to execute
Jurisdiction invoked
Not stated in the judgment; application arising from execution proceedings in a claim before the Court

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, "LAKE VICTORIA NORTH WATER SERVICES BOARD V FRANCIS SHIRE CHACHI & AMATSI WATER COMPANY [2013] KEELRC 370 (KLR)", Case Analysis (2013). Cause No 1548 of 2010. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2013/370/eng@2013-05-03

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