Mboya v Pharmacy and Poisons Board & 3 others (Petition E030 of 2023) [2023] KEELRC 1905 (KLR)
The bottom line
#The Employment Court refused to pause a case against the Pharmacy and Poisons Board, ruling that stopping proceedings requires exceptional reasons.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st Respondent's Notice of Motion dated 8th May 2023 for stay of proceedings pending appeal should be granted
The application was declined. The applicant failed to satisfy the prerequisites: it did not explain why the stay was sought in the trial court rather than the Court of Appeal, and did not demonstrate exceptional circumstances or that the appeal would be rendered nugatory.
The court restated the principles from Turbo Highway Eldoret Ltd v Muniu, as restated in William Odhiambo Ramogi v Attorney General, for stay of proceedings pending an interlocutory appeal. Applying them, the 1st Respondent gave no reasons for applying in this Court rather than in the Court of Appeal where its appeal lay. Further, no special circumstances warranting a halt to proceedings were shown and there was no evidence the appeal would be rendered nugatory. Stay of proceedings being a serious action reserved for exceptional circumstances, the Motion failed with costs.
Whether the alleged conflict between the ruling of 27th April 2023 and the Court of Appeal decision in Clerk, Nakuru County Assembly v Kenneth Odongo justified a stay
No. Whether that decision is distinguishable from the present Petition is a matter for the appellate court, not for determination at the stay stage.
The 1st Respondent argued that the ruling of 27th April 2023 was inconsistent with the Court of Appeal's affirmation that absent an employment relationship a petitioner lacks locus standi before the ELRC. The Petitioner contended the authority was distinguishable. The court held that resolving that question of distinguishability was not its task on this application; its only task was to assess whether special circumstances justified a stay, which had not been shown.
Legal principles established
#- Stay of proceedings is a serious, discretionary remedy granted only in exceptional circumstances
- Where there is no express legal provision permitting an application for stay of proceedings in the trial court, the applicant must justify not seeking the stay in the appellate court
- Whether a Court of Appeal precedent is distinguishable from the case at hand pending appeal is a matter for the appellate court, not the trial court ruling on stay
Court orders
#- 1.The 1st Respondent's Notice of Motion dated 8th May 2023 seeking stay of further proceedings is declined
- 2.Costs of the application awarded in the Petition
- Jurisdiction invoked
- ELRC jurisdiction (Employment and Labour Relations Court Act), engaged by the Petitioner's claim for fundamental rights and freedoms
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mboya v Pharmacy and Poisons Board & 3 others (Petition E030 of 2023) [2023] KEELRC 1905 (KLR)", Case Analysis (2023). Petition dated 17th February 2023 (with Notice of Motion dated 8th May 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1905/eng@2023-07-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.