Keriko v Jomo Kenyatta University of Agriculture and Technology & 2 others (Cause 718 of 2016) [2023] KEELRC 3258 (KLR)

The claimant argued that execution could not issue until costs were taxed, rendering the application premature. The applicants did not respond to this issue, so the Court found it in the claimant's favour. Despite this, the Court proceeded to grant a conditional stay, balancing the parties' interests and factoring in the budgetary cycle of the state corporation applicant.

The claimant remained in the applicants' employment, so any decretal sum paid was in principle recoverable. The applicants described the University as a big state corporation with a substantial asset base. Because security is a prerequisite to stay, the Court conditioned the stay on deposit of the full decretal sum plus taxed costs, considering the government budgetary cycle and the pendency of taxation of costs.