Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCOtherCause No. 642 of 2014 (Ruling No. 2)· [2016] KEELRC 1428 (KLR)

Kenya National Union Of Nurses v Public Service Commission & 2 others [2016] KEELRC 1428 (KLR)

Employment and Labour Relations Court
8 April 2016
RSRadido Stephen
1,065 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

#

A Kenyan court refused to pause a judgment ordering a county board to confirm ESP nurses on permanent terms, but also dismissed the union's flawed enforcement application.

What this practically means

#

Executive summary

#
This ruling of the Employment and Labour Relations Court at Nakuru dealt with two competing applications arising from a judgment delivered on 30 October 2015, in which the court had ordered the 3rd Respondent, Uasin Gishu Public Service Board, to absorb and confirm on permanent terms nurses employed under the Economic Stimulus Program with effect from 12 February 2015. The 3rd Respondent moved the court for a stay of execution of that judgment and the resulting decree pending an intended appeal, arguing there was no inordinate delay, that implementation would affect budgeted projects, that there was a risk of committal proceedings, and that it was ready to deposit security. The Claimant Union opposed, contending there was delay and that the legal issues had been conclusively determined by the Court of Appeal in the Muranga case. The court applied the tripartite test under Order 42 rule 6 of the Civil Procedure Rules - substantial loss, absence of unreasonable delay, and security - and found the 3rd Respondent had not satisfied it despite the offer of security. Noting that the Court of Appeal had conclusively determined the questions surrounding ESP health staff, the court held that granting a stay would be an academic exercise and dismissed the motion. The Claimant Union's own application, seeking compliance with the judgment, payment of ESP health staff salaries from February 2015, committal of the Board's chairperson Joseph Tanui to civil jail for contempt, a mandatory penalty, and police assistance to execute the orders, was dismissed without examining its merits. The court found it was a fishing expedition seeking myriad unrelated orders, was so compounded as to make an adequate response impossible, sought penalties against persons who were not parties to the litigation with no disclosure of service, and improperly sought police assistance. Both motions were dismissed with no order as to costs.

Key legal issues

#
01

Stay of execution pending appeal

Holding

The 3rd Respondent's motion failed the Order 42 rule 6 test and was dismissed

Reasoning

The court applied the settled tripartite test of substantial loss, no unreasonable delay, and security. Despite an offer to furnish security, the 3rd Respondent did not satisfy the test. Additionally, the Court of Appeal had conclusively determined the questions surrounding ESP health staff in the Muranga case, so granting a stay at this level would be an academic exercise.

p. 2
02

Enforcement and contempt application

Holding

The Claimant Union's application was dismissed without examining its merits

Reasoning

The court held it unnecessary to examine the merits because the application was a fishing expedition casting its net wide, was so compounded as to make response near impossible, sought penalties against persons not party to the litigation without disclosure of service, and improperly sought police assistance.

p. 3

Legal principles established

#
  • The conditions for stay of execution pending appeal under Order 42 rule 6 are substantial loss, absence of unreasonable delay, and provision of security
  • An application compounded of myriad unrelated orders is objectionable and prejudices the responding party
  • A court should not curtail the liberty of a citizen without a hearing

Court orders

#
  1. 1.The 3rd Respondent's motion for stay of execution pending appeal is dismissed
  2. 2.The Claimant Union's application for enforcement, contempt and penalties is dismissed
  3. 3.No order as to costs on both motions

Authorities

#

Legislation

  • Civil Procedure RulesOrder 42 rule 6(2)

Cases cited (5)

  • County Public Service Board of Muranga & 2 Ors v Grace N. Makori & Ors
    (2015) eKLR
  • Mukuma v Abuoga
    (1988) KLR 645
  • Jotham Simiyu Wasike & another v Jackson Ongeri & 4 others
    (2013) eKLR
  • Tabro Transporters Ltd v Absalom Dova Lumba
    (2012) eKLR
  • Anthony Kiberenge Kamau v Kibuchi Wamunyi & 3 others
    (2010) eKLR
Jurisdiction invoked
Employment and Labour Relations Court jurisdiction over the cause (statute not specified in the ruling)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Later judgments citing this (2)

#

Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

#

Cite this brief

Caselaw, "Kenya National Union Of Nurses v Public Service Commission & 2 others [2016] KEELRC 1428 (KLR)", Case Analysis (2016). Cause No. 642 of 2014 (Ruling No. 2). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2016/1428/eng@2016-04-08

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