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ELRCDismissedEmployment and Labour Relations Court cause (Notice of Motion dated 19th April 2018 in pending suit)· [2019] KEELRC 1388 (KLR)
Daniel Michael Juma v Anglican Church of Kenya, All Saints Cathedral Diocese [2019] KEELRC 1388 (KLR)
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·~8 min to read original · ~4 min briefThe bottom line
#A Kenyan court refused to pause a church employment case because the church waited 63 days and showed no real harm from continuing.
What this practically means
#Executive summary
#The Respondent, the Anglican Church of Kenya, filed a Notice of Motion on 19th April 2018 seeking a stay of further proceedings in the claim pending its intended appeal against the Ruling of 5th February 2018, in which the Court found it had jurisdiction over the Claimant's cause and directed the parties to attempt amicable resolution through internal church mechanisms within 30 days. The Respondent, through the affidavit of Rev. Ven. Joyce Kariuki, argued that there was no contract of service between the parties, that the priesthood is not a profession, and that the dispute should be referred to arbitration under the Anglican Church of Kenya's Provincial Constitution, relying on Rule 17(1) of the ELRC Rules and the Global Tours & Travels principles for stay. The Claimant opposed the application, averring that the matters raised were not religious matters, that internal mechanisms had already been attempted, and that the Court had already found jurisdiction. The Court framed one issue: whether the Respondent had met the threshold for stay of proceedings pending appeal. Applying the Global Tours & Travels principles as restated in Kenya Power & Lighting Co. Ltd v Esther Wanjiru Wokabi and the substantial loss requirement discussed in Timothy Manyara v Pyrethrum Board of Kenya, the Court found the application was filed 63 days after the ruling and therefore not expeditiously; that the Respondent had not demonstrated substantial loss, as it could still appeal after final determination of the suit; and that the balance of convenience favoured continuing the part-heard suit, the Claimant having testified and expressed fears arising from his illness. The application was dismissed with no orders for costs on 14th June 2019.
Key legal issues
#01
Whether the threshold for stay of proceedings pending appeal was met
Holding
The application failed on expeditious filing and on substantial loss, so stay was refused
Reasoning
The application was filed 63 days after delivery of the ruling, which the court found to be a long time. Further, the Respondent did not demonstrate it would suffer substantial loss; it would still be able to appeal after final determination. The Claimant, who is ill and has already testified and closed his case, would be prejudiced by delay. The balance of convenience therefore favoured hearing the part-heard suit to conclusion before any appeal.
p. 3
Legal principles established
#- Stay of proceedings pending appeal is a judicial discretion exercised in the interest of justice, weighing expeditious disposal, arguability of the intended appeal, judicial time and expeditious filing
- A party seeking a stay must establish that it would suffer substantial loss if stay is not granted
Court orders
#- 1.The application for stay of proceedings is dismissed with no orders for costs
- Jurisdiction invoked
- Employment and Labour Relations Court Rules, Rule 17(1) (stay of proceedings pending appeal from a ruling of this Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Daniel Michael Juma v Anglican Church of Kenya, All Saints Cathedral Diocese [2019] KEELRC 1388 (KLR)", Case Analysis (2019). Employment and Labour Relations Court cause (Notice of Motion dated 19th April 2018 in pending suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1388/eng@2019-06-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.