Teachers Service Commission v Kenya National Union of Teachers & 2 others [2015] KEELRC 492 (KLR)
The bottom line
#A Kenyan employment court refused to pause its own orders, ruling that a party defying an un-appealed part of a judgment must comply first.
What this practically means
#Executive summary
#Key legal issues
#Stay of execution of the court's own judgment pending appeal
The court declined to stay its orders, holding that the strike stands suspended for 90 days and that only aspects of the order before the Court of Appeal are open to challenge, so the respondents must comply with the rest
The court reasoned that its judgment of 25th September 2015 both sanctioned the legitimacy of the strike and suspended it for 90 days in the interest of children in public schools. Because the Court of Appeal proceedings concern only an aspect of the order, the un-appealed aspects remain binding. The respondents' officials directing members not to resume duties was therefore defiance, and the court would not grant a stay until compliance.
Whether a party in alleged defiance of a court order should be heard on a stay application
The court declined to entertain the respondents' request until they complied with the orders, endorsing the petitioner's submission that the respondents should first purge the alleged contempt
Counsel for the petitioner argued the court was functus officio, having reduced its judgment to an order, and that the respondents' officials directing members not to resume duties was contemptuous, so no application should be entertained until the contempt was purged. The court's final order reflects this position, tying any stay or comment on the orders to compliance and resumption of duty by the respondents' members.
Legal principles established
#- Where a court has issued orders, a party defying the un-appealed aspects of those orders cannot expect the court's indulgence, including a stay, until compliance
- An aspect of a judgment under appeal does not suspend the whole judgment; parties must comply with the aspects not subject of the appeal
Court orders
#- 1.Declined to stay or make any comment on the orders issued on 25th September 2015 until all parties comply in aspects not subject of the Court of Appeal proceedings
- 2.Declined to entertain further applications from the respondents until their members resume duty as ordered by the Court
- Jurisdiction invoked
- Inherent power and jurisdiction of the court over its own judgment and orders; mention arising from the court's judgment of 25th September 2015
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Teachers Service Commission v Kenya National Union of Teachers & 2 others [2015] KEELRC 492 (KLR)", Case Analysis (2015). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/492/eng@2015-10-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.