Kingdom Bank Limited v Kirui (Miscellaneous Application E001 of 2023) [2023] KEELRC 1614 (KLR)
The bottom line
#A Kenyan court let an employer appeal late, but only after depositing the full judgment amount in a joint bank account within 30 days.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should be granted to file the appeal out of time under Section 79G of the Civil Procedure Act
Leave granted; the delay of about 21 days after the lapse of the 30-day period was explained by the delay in obtaining the certified copy of the judgment and was not inordinate.
The Court noted the explanation that the certified copy of the judgment was supplied on 28th February 2023 and the application filed on 22nd March 2023. Weighing the applicant's right of appeal against the respondent's interest, and taking into account the applicant's offer of security, the Court exercised its discretion to enlarge time on conditional terms.
Whether stay of execution pending appeal should be granted under Order 42 Rule 6 of the Civil Procedure Rules
Stay granted on condition that the applicant deposits the entire decretal sum in a joint interest-earning account within 30 days, failing which the stay lapses and execution may proceed.
The Court balanced the applicant's undoubted right of appeal against the respondent's right to the fruits of the judgment. Accepting the applicant's offer of security, the Court fashioned a conditional stay securing the decree-holder's position, while making the orders vacate automatically in default of compliance.
Legal principles established
#- An intending appellant who is willing to furnish security should not be denied the right of appeal; leave to appeal out of time may be granted on terms as to security.
Court orders
#- 1.Leave granted to the Applicant to file the appeal out of time, within 7 days from the date of the ruling
- 2.Applicant to deposit the entire decretal sum in an interest-earning account held in the joint names of counsels on record within 30 days
- 3.In default of the deposit, the orders are vacated and execution may proceed
- 4.Costs to abide the outcome of the appeal
- On appeal from
- Magistrates' Court (ELRC), Kericho
- Kericho CM ELRC No. E007
- Jurisdiction invoked
- Sections 3A & 3B of the Civil Procedure Act; Order 42 Rule 6(2) and Order 22 Rule 22 of the Civil Procedure Rules, 2010; Section 79G Civil Procedure Act (extension of time); Article 159(2)(d) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kingdom Bank Limited v Kirui (Miscellaneous Application E001 of 2023) [2023] KEELRC 1614 (KLR)", Case Analysis (2023). Miscellaneous Application (stay of execution pending appeal) arising from Kericho CM ELRC No. E007. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1614/eng@2023-07-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.