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ELRCOtherNot stated in extract· [2020] KEELRC 155 (KLR)

Benson Oyugi Ambuni v Union of Kenya Civil Servants [2020] KEELRC 155 (KLR)

Employment and Labour Relations Court
25 November 2020
RSRadido Stephen
348 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 struck out a badly drafted stay application but gave the union another chance—if it paid the judgment money into court first.

What this practically means

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Executive summary

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This was a ruling following directions given on 29 September 2020 in an employment cause in which judgment had been delivered on 15 November 2019. The Respondent, Union of Kenya Civil Servants, had filed a Motion dated 22 September 2020 seeking orders staying execution of that judgment and the decree extracted from it pending the hearing and determination of the same application inter partes, plus costs. The Court held the Motion was incompetent and without merit because it sought vague orders: a stay of execution is ordinarily granted pending appeal, not pending the hearing of an application. The Court observed that the Respondent appears to have realised this error, which prompted a further Motion dated 14 October 2020 seeking more time to comply and leave to amend the initial Motion to seek a stay of execution pending appeal. Rather than dismissing the cause, the Court struck out the defective Motion dated 22 September 2020 and issued directions for the prosecution of the later Motion: the Respondent was to serve it with submissions by 4 December 2020; the Claimant to respond by 11 December 2020; and the Motion to be placed before a Judge in Nairobi on 14 December 2020 for further directions. In the interim, a stay of execution was allowed conditional on the Respondent depositing the decretal sum into Court by 7 December 2020. Costs were awarded in the cause. Delivered at Kisumu on 25 November 2020 by Radido Stephen, Judge.

Key legal issues

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01

Competence of a Motion seeking stay of execution pending the hearing of the application itself

Holding

The Motion dated 22 September 2020 was incompetent, vague and without merit, and was struck out

Reasoning

The Court found the Motion sought orders staying execution of the judgment of 15 November 2019 only pending the hearing of the same application, which is a vague and defective formulation. A stay is ordinarily granted pending appeal. The Respondent's subsequent Motion of 14 October 2020 seeking to amend and seek a stay pending appeal confirmed the error. The Court struck out the defective Motion but granted an interim stay conditional on deposit of the decretal sum.

p. 1

Legal principles established

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  • Stay of execution is ordinarily granted pending appeal and not pending the inter partes hearing of an application

Court orders

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  1. 1.The Motion dated 22 September 2020 is struck out
  2. 2.The Respondent to serve the Motion dated 14 October 2020 together with submissions upon the Claimant on or before 4 December 2020
  3. 3.The Claimant to file and serve replying affidavit/grounds of opposition and submissions on or before 11 December 2020
  4. 4.The Motion to be placed before a Judge in Nairobi on 14 December 2020 for further directions
  5. 5.Interim stay of execution pending further orders of the Court allowed on condition the Respondent deposits the decretal sum into Court on or before the end of 7 December 2020
  6. 6.Costs in the cause
Jurisdiction invoked
Employment and Labour Relations Court, directions jurisdiction over pending Motion

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, "Benson Oyugi Ambuni v Union of Kenya Civil Servants [2020] KEELRC 155 (KLR)", Case Analysis (2020). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/155/eng@2020-11-25

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