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ELRCDismissedNot stated in the judgment text provided· [2023] KEELRC 2758 (KLR)

Presbyterian Church Hosptial & 2 others v Murila & 2 others (Cause 1695 of 2016) [2023] KEELRC 2758 (KLR)

Employment and Labour Relations Court
24 October 2023
DMD. K. Njagi Marete
1,613 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nairobi employment court refused to pause a case because the party waited years without explanation, showing that delay kills applications for stay in Kenya.

What this practically means

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Executive summary

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The Respondents/Applicants moved the Employment and Labour Relations Court at Nairobi for a stay of further proceedings in the suit pending hearing of their appeal (Nairobi Civil Appeal No. E779 of 2021) from a Ruling of Hon. Justice J. N. Abuodha delivered on 22nd September 2017, which had dismissed their application for review of an earlier order transferring Nairobi CMCC No. 7973 of 2010 to the ELRC. The Applicants argued the appeal had high chances of success and that proceeding further would waste time and expense, relying on Global Tours & Travels Limited and UAP Insurance v Michael John Beckett on stay pending appeal. The Claimant/Respondent opposed, submitting the appeal was filed four years after the ruling, the stay application five years after, without any explanation for the delay or for non-prosecution of the appeal, and without leave for the appeal; he relied on Shah v Mbogo, Ephantus Gathua Muiyuro, Peter Kariuki Mburu v Neema Shah and Kenya Wildlife Service v James Mutembei, and on Sections 1A and 1B of the Civil Procedure Act and Article 159(2) of the Constitution on expeditious disposal. The court sided with the Claimant/Respondent, noting he had been disabled from prosecuting his matter since 2005, eighteen years, found suspected mischief in the Applicants' conduct and laches, held that a stay would amount to delayed justice and grievous injustice, and dismissed the application with costs to the Claimant/Respondent on 24th October 2023 (D. K. Njagi Marete, Judge).

Key legal issues

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01

Whether stay of proceedings pending appeal should be granted despite inordinate, unexplained delay in filing both the appeal and the application

Holding

The application was dismissed; the Applicants were guilty of laches, having filed the appeal four years and the stay application five years after the ruling, with no explanation, and granting stay would amount to delayed justice

Reasoning

The court sided with the Claimant/Respondent, who had been disabled from prosecuting his matter since 2005, some eighteen years. The Applicants offered no justification for the delay in filing the appeal, the stay application, or prosecuting the appeal, and did not serve a complete Record of Appeal. The court found suspected mischief in the Applicants' conduct and held that a stay would cause grievous injustice and would not be in the interest of justice.

p. 4

Legal principles established

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  • The power to stay proceedings is discretionary, to be exercised judiciously and in the interest of justice, weighing factors including expeditious disposal, arguability of the intended appeal, and expedition in bringing the application; unexplained delay and laches justify refusal

Court orders

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  1. 1.Dismissal of the Respondents/Applicants' application for stay of further proceedings pending appeal

Authorities

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Legislation

  • Civil Procedure ActSection 1A(3)
  • Civil Procedure ActSections 1A and 1B
  • Civil Procedure RulesOrder 2 Rule 15
  • Constitution of Kenya, 2010Article 159(2)(a)(b)(c) and (d)

Cases cited (9)

  • Global Tours & Travels Limited
    Nairobi HC Winding Up Cause No. 43 of 2000
  • UAP Insurance Company Ltd v Michael John Beckett
    [2004]
  • Shah v Mbogo
    [1967] E.A 116, 123B
  • Ephantus Gathua Muiyuro v Kenya Power & Lighting Company Ltd
    [2016] eKLR
  • Shabir Din v Parkash Anand
    [1955] 22 E.A.C.A 48
  • Maina v Mugiria
    [1983] K.L.R 78
  • Sebei District Administration v Gasyali & Others
    [1968] E.A 300
  • Peter Kariuki Mburu & another v Neema Shah
    [2021] eKLR
  • Kenya Wildlife Service v James Mutembei
Jurisdiction invoked
Inherent discretionary power of the Employment and Labour Relations Court to stay proceedings pending appeal, invoked under Section 1A and 1B of the Civil Procedure Act and Article 159(2) 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, "Presbyterian Church Hosptial & 2 others v Murila & 2 others (Cause 1695 of 2016) [2023] KEELRC 2758 (KLR)", Case Analysis (2023). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/2758/eng@2023-10-24

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