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ELRCAllowedNotice of Motion dated April 6, 2022 (appeal from Bungoma CMCC No. 194 of 2018)· [2022] KEELRC 1632 (KLR)

Singh & another v Dieto (Employment and Labour Relations Appeal 9 of 2022) [2022] KEELRC 1632 (KLR)

Environment and Labour Relations Court (transferred from the High Court)
26 May 2022
870 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Bungoma court paused a lawsuit because the magistrate gave two conflicting rulings on jurisdiction, but only if the appellants file their appeal quickly.

What this practically means

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Executive summary

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This ruling of the Bungoma court (a transfer from the High Court to the Environment and Labour Relations Court) determines a Notice of Motion dated April 6, 2022 by Surjit Singh and Malkit Singh, defendants in Bungoma CMCC No. 194 of 2018 (Simon Ochieng Dieto v Surjit Singh & Malkit Singh), seeking a stay of the trial court proceedings pending an intended appeal. The applicants complained that the trial magistrate had issued two contradictory rulings on its own jurisdiction - first holding it lacked jurisdiction, then later asserting jurisdiction - and that the trial court was set to deliver judgment despite a filed appeal. The respondent opposed the motion as frivolous, filed inordinately late, and argued the magistrate's court had jurisdiction. On April 22, 2022 the court had granted an interim stay of proceedings. The court noted that neither party had annexed or produced the impugned decisions, so it could not assess whether the appeal was likely to succeed; the respondent's submissions went to the merits of the appeal rather than the stay. Nevertheless, on the basis of the alleged contradictory rulings on jurisdiction, the court found merit in the application. It further held that once an appeal was received at the superior court on January 12, 2022, the trial court should have downed tools, while remaining mindful of the claimant's interest in timely justice. The court also cured a misdescription of the court's name under Article 159(2)(d). The motion was allowed: proceedings stayed pending the intended appeal, with the applicants required to file their record of appeal and submissions within 30 days failing which the stay would stand vacated, with costs in the cause.

Key legal issues

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01

Stay of proceedings pending appeal where the trial court allegedly issued two contradictory rulings on its own jurisdiction

Holding

Stay granted in the interest of justice, conditional on filing the record of appeal within 30 days

Reasoning

The court found merit on the alleged two contradictory decisions on jurisdiction, while noting it could not assess the prospects of the appeal because neither party produced the impugned decisions. Balancing that against the claimant's interest in timely justice, it stayed the proceedings but made the stay conditional on diligent prosecution of the appeal, failing which the stay lapses automatically.

p. 2
02

Effect of a pending appeal on ongoing trial court proceedings

Holding

A trial court seized of the fact of a filed appeal should down tools pending the appeal's outcome

Reasoning

The court held it was in the interest of justice that once an appeal was received at the superior court on January 12, 2022, the trial court should have ceased proceedings. It was mindful, however, of the claimant's interest in timely justice consistent with the principle that justice delayed is justice denied, hence the conditional and time-limited nature of the stay.

p. 2
03

Misdescription of the court's address/name on transfer

Holding

Treated as a procedural technicality curable under Article 159(2)(d)

Reasoning

On transfer of the appeal from the High Court, the order described the court as the 'Environment and Labour Relations court'. The court held the error was a procedural technicality curable under Article 159(2)(d), which requires justice to be administered without undue regard to procedural technicalities.

p. 2

Legal principles established

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  • Once an appeal is filed at a superior court, the trial court should stay its hand and await the outcome of the appeal

Court orders

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  1. 1.A stay of proceedings be issued staying Bungoma CMCC No. 194 of 2018 Simon Ochieng Dieto -vs- Surjit Singh & Malkit Singh pending hearing and determination of the intended Appeal
  2. 2.The Applicants to file their record of Appeal within 30 days of the Ruling together with submissions on merit of appeal
  3. 3.Failure to file record of appeal within 30 days, together with submissions on the appeal, the stay shall stand vacated
  4. 4.Costs in the Cause

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 159(2)(d)
On appeal from
Bungoma Chief Magistrate's Court
CMCC No. 194 of 2018
Jurisdiction invoked
Appellate jurisdiction over the magistrates' court following transfer from the High Court; procedural defect cured under Article 159(2)(d) of the Constitution

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, "Singh & another v Dieto (Employment and Labour Relations Appeal 9 of 2022) [2022] KEELRC 1632 (KLR)", Case Analysis (2022). Notice of Motion dated April 6, 2022 (appeal from Bungoma CMCC No. 194 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1632/eng@2022-05-26

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