Kenya Petroleum Oil Workers Union v Kenya Pipeline Company Ltd (Employment and Labour Relations Cause 6 of 2020) [2023] KEELRC 1652 (KLR)
The bottom line
#A Kenyan employment court paused enforcement of a union dues judgment, but only because the employer put up a Kshs 2 million bank guarantee within 30 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the conditions for stay of execution under Order 42 rule 6 were met
The court found the appeal already filed and security offered, so stay was warranted on terms
The court noted the applicant was willing to provide security and that an appeal was already filed against the orders. To avoid prejudicing the appeal and rendering it nugatory, the court granted stay conditional on a bank guarantee of Kshs 2 Million within 30 days, with execution to proceed in default.
Whether the judgment failed to state the number of unionisable employees for purposes of remitting union dues
The court rejected the applicant's contention that the judgment was unclear on the number of members
The applicant argued the judgment was open-ended, allowing the claimant to escalate unionisable members from 44 to 209. The court held this position untrue, referring to paragraphs 13 and 17 of the judgment which stated the figure of 209 for forwarded check-off forms.
Legal principles established
#- Stay of execution pending appeal may issue where an appeal is filed and security is provided, to avoid rendering the appeal nugatory
Court orders
#- 1.Stay of execution of the judgment delivered on 6.10.2022 is granted pending the Applicant's intended appeal, on condition that the Applicant provides a bank guarantee for the performance of the decree to the tune of Kshs 2 Million within 30 days
- 2.In default of providing the bank guarantee, execution to proceed
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act, Order 42 rule 6 and Order 51 rule 1 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Petroleum Oil Workers Union v Kenya Pipeline Company Ltd (Employment and Labour Relations Cause 6 of 2020) [2023] KEELRC 1652 (KLR)", Case Analysis (2023). Ruling on Notice of Motion dated 16th November, 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1652/eng@2023-07-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.