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ELRCPartially AllowedNot stated in judgment (application dated 27th February, 2020)· [2021] KEELRC 583 (KLR)

Fredrick Obiero Owino v Bridge International Academies Limited [2021] KEELRC 583 (KLR)

Employment and Labour Relations Court
30 September 2021
MMM. Mbaru
606 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Bridge International Academies won a stay of execution, but only if it deposits the Ksh.605,000 judgment sum in a joint account within 45 days.

What this practically means

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Executive summary

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The respondent, Bridge International Academies Limited, applied by notice dated 27th February 2020 for stay of execution of the judgment delivered on 30th January 2020 in favour of the claimant, pending an intended appeal. Supported by an affidavit of Anthony Mugodo, head of legal department, the respondent argued that it had filed a Notice of Appeal without delay, that the appeal had high chances of success, and that the claimant had no known financial means to refund the judgment amount if the appeal succeeded. The claimant opposed, noting the judgment followed a five-year trial and proposing that the untaxed decretal sum of Ksh.962,206 (including a bill of costs of Ksh.357,206) be deposited in a joint interest-earning account. The court held that a Notice of Appeal is only an intention which must be actualised by tangible steps such as preparing the record of appeal, and observed that the respondent had done nothing beyond filing the Notice over sixteen months after judgment. Reiterating that stay preserves the subject matter so a successful appeal is not rendered nugatory, but that a litigant should not be deprived of the fruits of judgment, the court in the interests of justice allowed the application on condition that the judgment sum of Ksh.605,000 be deposited in a joint interest-earning account held by both parties within 45 days, failing which the stay would lapse. The judgment was delivered in Nairobi on 30th September 2021 by M. Mbaru, Judge.

Key legal issues

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01

Whether stay of execution pending intended appeal was merited

Holding

Stay granted but on condition that the judgment sum of Ksh.605,000 be deposited in a joint interest earning account within 45 days, failing which the stay lapses

Reasoning

The court found that a Notice of Appeal evidences only intention and the respondent had taken no tangible steps towards the appeal over sixteen months after judgment. Balancing the respondent's undoubted right of appeal against the claimant's right to enjoy the fruits of a judgment following a five-year trial, the court conditioned stay on a deposit in a joint interest-earning account to secure the decretal sum, since costs were untaxed.

p. 2

Legal principles established

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  • A Notice of Appeal merely evidences intention to appeal and must be actualised by tangible efforts such as preparing the record of appeal
  • Stay of execution preserves the subject matter so the appeal is not rendered nugatory, but must be weighed against a successful litigant's right to the fruits of judgment and absence of uncompensatable prejudice

Court orders

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  1. 1.Application dated 27th February 2020 allowed and stay of execution issued
  2. 2.Judgment sum of Ksh.605,000 to be deposited in a joint interest earning account held by both parties
  3. 3.Deposit to be made within 45 days failing which the stay granted shall lapse
Jurisdiction invoked
Inherent powers of the Employment and Labour Relations Court to order stay of execution pending intended appeal

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, "Fredrick Obiero Owino v Bridge International Academies Limited [2021] KEELRC 583 (KLR)", Case Analysis (2021). Not stated in judgment (application dated 27th February, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/583/eng@2021-09-30

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