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ELRCDismissedNot stated in the judgment (Employment and Labour Relations Court cause)· [2016] KEELRC 1379 (KLR)

Paul Koech & 12 others v Purecircle (K) Limited [2016] KEELRC 1379 (KLR)

Employment and Labour Relations Court of Kenya
15 April 2016
926 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 refused to pause its own case where the employer had already complied with the ruling and the appeal seemed to be a delaying tactic.

What this practically means

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Executive summary

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The respondent/applicant in an employment cause filed two applications: one dated 3rd December 2015 seeking stay of execution of the court's ruling/order of November 2015 pending an intended appeal to the Court of Appeal, and another dated 22nd February 2016 seeking stay of proceedings pending an appeal against the ruling delivered on 16th November 2015. The applicant contended that the appeal was competent, had appreciable chances of success and would be rendered nugatory if execution or proceedings were not stayed, and that the claimants' security was already deposited in court. The claimants/respondents opposed both applications through grounds of opposition and replying affidavits, arguing that the applications were incurably defective, a delaying tactic, unsupported by demonstrated grounds, and that the court had no power to grant stay of its own proceedings; they also contended the applicant was in contempt. At the hearing on 12th April 2016 both sides relied on their pleadings and affidavits. The court noted the applicant had complied with the ruling by depositing Kshs. 4,779,321.00, being 50% of the claim. It found the applications academic, not brought in good faith, intended to derail determination of the claim, failing the timeliness criterion for stay of execution, and founded on an intended appeal that was not well established. The court dismissed both applications with costs to the claimants/respondents on 15th April 2016.

Key legal issues

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01

Stay of execution pending appeal

Holding

Stay was refused because the applicant had already complied with the ruling by depositing Kshs. 4,779,321.00 (50% of the claim), making the application academic and untimely

Reasoning

The court found that the applicant had complied with the ruling of 16th November 2015 by depositing 50% of the claim into court. With security already deposited and the main suit progressing, the application served no practical purpose, was not brought in good faith and failed the timeliness criterion for stay of execution. The intended appeal was not shown to be well established.

p. 3
02

Stay of proceedings pending appeal

Holding

Stay of proceedings was refused as the applications were a delaying tactic intended to derail determination of the claim

Reasoning

The court observed that both applications were similar and sought to stall the cause. Since the applicant had complied with the ruling and the parties were set on the way forward in the main suit, staying proceedings would only derail an eventual determination of the claim. The court found the applications lacked good faith and dismissed them with costs to the claimants.

p. 3

Legal principles established

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  • An applicant for stay must demonstrate good faith and timeliness, and a mere intended appeal, not shown to be well established, does not warrant stay of execution or of proceedings

Court orders

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  1. 1.The applications dated 3rd December 2015 and 22nd February 2016 are dismissed
  2. 2.Costs of the applications awarded to the claimants/respondents

Authorities

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Legislation

  • Employment Actsection 12
Jurisdiction invoked
Original employment and labour relations jurisdiction; application for stay of execution and stay of proceedings pending appeal (intended appeal to the Court of Appeal)

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, "Paul Koech & 12 others v Purecircle (K) Limited [2016] KEELRC 1379 (KLR)", Case Analysis (2016). Not stated in the judgment (Employment and Labour Relations Court cause). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1379/eng@2016-04-15

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