Reuben Lucheleli Shikuri v Eldoret Packers Limited [2015] KEELRC 1144 (KLR)
The bottom line
#A Kenyan employer lost its bid to delay paying an employee's award because its unsigned Notice of Appeal meant no real appeal existed.
What this practically means
#Executive summary
#Key legal issues
#Whether a valid Notice of Appeal existed to found an application for stay pending appeal
No valid Notice of Appeal was on record; the annexure was unsigned and not endorsed by the Deputy Registrar, and a Notice of Appeal cannot be lodged as an annexure to an affidavit
The Court perused the record and found the document referenced as Notice of Appeal was not signed by the Respondent's advocate nor endorsed by the Deputy Registrar. The Court held that such a document is no notice of appeal, and doubted whether a primary document like a Notice of Appeal can be lodged as an annexure to an affidavit. Without a formally lodged Notice of Appeal there is no pending appeal and no power to grant stay.
Whether the Respondent demonstrated substantial loss sufficient for a stay pending appeal
The Respondent failed to demonstrate substantial loss; mere inability of the decree holder to refund the decretal sum is not sufficient
The Respondent argued it would suffer irreparable loss because the Claimant, no longer in its employment, might be unable to refund the decretal sum if the appeal succeeded. The Court held this is not a good enough reason without more, endorsing Emukule J's dictum that stay will not be granted merely because the decree holder is a pauper. The Claimant had demonstrated alternative employment through an unchallenged pay slip, and the Respondent did not show the damages it would suffer.
Legal principles established
#- Where there is no pending appeal deciphered from a formally lodged Notice of Appeal, the court has no power to grant stay of execution
- Inability of the decree holder to refund the decretal sum is not, without more, a good reason to grant stay of execution pending appeal
Court orders
#- 1.The Respondent's motion for stay of execution pending appeal is dismissed
- 2.Costs of the motion to the Claimant
- Jurisdiction invoked
- Inherent power of the Employment and Labour Relations Court to grant stay of execution pending appeal; no specific provision cited in the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Reuben Lucheleli Shikuri v Eldoret Packers Limited [2015] KEELRC 1144 (KLR)", Case Analysis (2015). Cause No 68 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2015/1144/eng@2015-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.