Mugumo Munene v Nation Media Group Limited [2021] KEELRC 1460 (KLR)
The bottom line
#Nation Media Group lost its bid to delay paying an unfair termination award because it showed no actual loss and had not filed a real appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the respondent demonstrated substantial loss warranting stay of execution
The respondent failed to address what loss or substantial loss it would suffer if execution proceeded, and no good basis for stay was shown
The court applied Order 42 Rule 6(2) as construed in Antoine Ndiaye and James Wangalwa. The respondent offered a bank guarantee for the decretal sum but did not demonstrate that execution would irreparably affect its position as the successful intended appellant. In the affidavit and submissions, the respondent never stated the loss it would suffer. A willing offer of security could not substitute for proof of substantial loss.
Whether a pending appeal existed to anchor the application
Only a Notice of Appeal had been filed, expressing intention to appeal; no appeal existed
Order 42 Rule 6(2) applies where there is a pending appeal. The respondent had filed a Notice of Appeal but no substantive appeal. Further, no effort towards prosecuting the appeal was demonstrated beyond filing the application. This weighed against granting stay.
Legal principles established
#- An applicant for stay of execution pending appeal must satisfy the conditions of substantial loss, absence of unreasonable delay, and provision of security as ordered by the court
- The fact that execution has been put in motion, or is likely, does not in itself amount to substantial loss; the applicant must show the execution will irreparably affect the essential core of the applicant's case
- The core of a stay application is for the applicant to state what loss it shall suffer if stay is not granted; substantial loss is the cornerstone of the jurisdiction
Court orders
#- 1.The application dated 24th November, 2020 seeking stay of execution of the judgment delivered on 11th November, 2020 is dismissed
- 2.Costs to the claimant
- Jurisdiction invoked
- Section 12(3)(i) and (viii) of the Employment and Labour Relations Court Act and Rules 17 and 32 of the Employment and Labour Relations Court (Procedure) Rules, 2016, with Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mugumo Munene v Nation Media Group Limited [2021] KEELRC 1460 (KLR)", Case Analysis (2021). Not stated in judgment (application dated 24th November, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1460/eng@2021-01-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.