William Olando v Manpower Networks Limited [2019] KEELRC 1533 (KLR)
The bottom line
#A Kenyan employment court allowed a company to pause paying a judgment, but only if it first deposits the full amount owed.
What this practically means
#Executive summary
#Key legal issues
#Whether the Respondent met the conditions for stay of execution pending appeal under Order 42 rule 6
The court found the Respondent approached the court without delay and had preferred an appeal, and granted a conditional stay requiring deposit of the decretal sum as security.
The court restated the Order 42 rule 6 conditions: reasonable time, irreparable harm, and willingness to provide security. It found the Respondent had approached the court without delay and had lodged a Notice of Appeal. As security, the court conditioned the stay on the deposit of the entire decretal sum in a joint account of counsel, with execution to issue in default.
Legal principles established
#- An applicant for stay of execution under Order 42 rule 6 must approach the court within reasonable time, demonstrate irreparable harm if the orders are not granted, and show willingness to provide security as ordered by the court.
Court orders
#- 1.Stay of execution of the judgment and decree of 20th December 2018 granted on condition that the Respondent deposits the entire decretal sum in a joint account held in the joint names of the Claimant's and Respondent's Counsel within 30 days
- 2.In default of the deposit, execution to issue
- Jurisdiction invoked
- Order 42 rule 6 of the Civil Procedure Rules, 2010 (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "William Olando v Manpower Networks Limited [2019] KEELRC 1533 (KLR)", Case Analysis (2019). Cause No. 1345 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/1533/eng@2019-05-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.