Alexander Kasina Mukala v Kenya Power and Lighting Company [2019] KEELRC 2154 (KLR)
The bottom line
#A Kenyan employment court paused enforcement of a Kshs. 637,312 award because the employer agreed to deposit the money in court while appealing.
What this practically means
#Executive summary
#Key legal issues
#Whether the conditions in Order 42 Rule 6(2) for stay of execution pending appeal were satisfied
The court found the Applicant satisfied two conditions outright (no unreasonable delay and willingness to furnish security by depositing the decretal sum) and, on substantial loss, found the Claimant had failed to prove capacity to refund, and granted a conditional stay.
The court applied Order 42 Rule 6(2). It found the application filed 14 days after judgment, hence timely. The Applicant offered to deposit the decretal sum in court as security. On substantial loss, the Claimant asserted he was in business and able to repay, but did not substantiate the nature of the business or its output, so he failed to prove he could cushion the Applicant if the appeal succeeded. The court therefore exercised its discretion in favour of a conditional stay.
Legal principles established
#- A party seeking to resist a stay on the ground that the decree-holder can repay the decretal sum if the appeal succeeds bears the evidentiary burden of substantiating that capacity
- A court may grant a stay conditional on the deposit of the decretal sum in court, thereby securing the successful party's interests while preserving the appeal
Court orders
#- 1.Stay of execution of the judgment of 9th October 2018 granted on condition that the Respondent deposits the decretal sum in Court within 30 days from the date of the ruling
- 2.In default of the deposit, execution to issue
- 3.Costs to abide the outcome of the appeal
- Jurisdiction invoked
- Section 17 of the Employment and Labour Relations Court Act; Sections 3A, 75, 78, 79G of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules, 2010; inherent jurisdiction of the Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Alexander Kasina Mukala v Kenya Power and Lighting Company [2019] KEELRC 2154 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2154/eng@2019-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.