Safetract Limited v Godfrey Ochieng Omondi [2021] KEELRC 13 (KLR)
The bottom line
#The Employment Court paused enforcement of a Ksh.454,770 judgment, but only because the losing employer agreed to deposit the full amount in a joint account.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appellant should be allowed stay of execution of the judgement delivered on 24th August, 2021 in Nairobi Milimani CMEL No.538 of 2018
- 2.If so, whether the conditions for stay of execution have been met
Key legal issues
#Whether the conditions for stay of execution under Order 42 Rule 6 were met
The court found the conditions satisfied and granted a conditional stay, requiring the entire decretal sum be deposited in a joint interest-earning account within 30 days.
The court noted the draft memorandum of appeal raised grounds warranting merits determination, hence an arguable appeal. On substantial loss, the appellant asserted the respondent had no known income to refund the decretum if the appeal succeeded; the respondent's contrary evidence (land in Ugenya, new employment) was inadequately evidenced - the valuation report was only a cover page and the new employment was without evidence. The application was filed without unreasonable delay. The court therefore allowed stay conditional on security.
Whether the trial court's post-judgment correction of the error on constructive dismissal was properly done
The record of the post-judgment proceedings was missing, and any amendment to the judgment should have followed section 16 of the ELRC Act and Rule 33, or Rule 34 for clerical mistakes; the process followed was unclear and irregular.
Both parties acknowledged the judgment contained an error regarding constructive dismissal. The respondent sought a mention and the trial court directed amendment, but the proceedings evidencing this were not on record. The court held that amendments must abide Rule 33 and clerical corrections under Rule 34 require notification of parties; the missing record meant it was not clear how the trial court made changes to the judgment of 24th August, 2021.
Legal principles established
#- An applicant for stay of execution must demonstrate substantial loss, file the application without unreasonable delay, and provide security for the due performance of the decree.
- Amendments to a judgment in employment matters must abide section 16 of the Employment and Labour Relations Court Act, 2011 read with Rule 33 of the ELRC (Procedure) Rules, 2016; clerical mistakes are rectifiable under Rule 34 with notice to the parties.
Court orders
#- 1.Stay of execution of the judgement and decree delivered on 24th August, 2021 in Nairobi Milimani CMEL No.538 of 2018 is allowed, conditional on the entire decretal sum of Ksh.454,770 being deposited in an interest earning account held in the joint names of the advocates for the parties, secured within the next 30 days
- 2.Each party shall bear own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Nairobi Milimani Commercial Court (magistrates' court, employment cause)
- CMEL No.538 of 2018
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules (application for stay of execution pending appeal)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Accordingly, stay of execution is hereby allowed on condition that the entire decretal sum of Ksh.454, 770 is deposited in an interest earning account held in the joint names of the advocates for the parties herein and secured within the next 30 days. Each party shall bear own costs.
The court finds the conditions for grant of stay of execution of the judgement and decree of the trial court in Nairobi CMEL No.538 of 2018 delivered on 24th August, 2021 have been met and application dated 16th October, 2021 is with merit.
Any amendment to the judgement should abide the provisions of section 16 of the Employment and Labour Relations Court Act, 2011 read together with Rule 33 of the Employment and Labour Relations Court (Procedure) Rules, 2016.
Issues in the judgment
#The application date is inconsistently stated as 16th September 2021 at the start but 16th October 2021 in the findings
The decretal sum is inconsistently stated as Ksh.454,667 in the narrative but Ksh.454,770 in the final orders
The record of the post-judgment proceedings correcting the judgment error is missing from the record
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Safetract Limited v Godfrey Ochieng Omondi [2021] KEELRC 13 (KLR)", Case Analysis (2021). Application dated 16th September, 2021 (arising from Nairobi Milimani CMEL No. 538 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/13/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.