Turgut v Nakuru Water & Sanitation Services Co Ltd (Employment and Labour Relations Cause E062 of 2021) [2024] KEELRC 5 (KLR)
The bottom line
#A Kenyan employment court paused an employer's KES 6.4 million judgment debt because it lodged its appeal on time and agreed to deposit the money while the appeal proceeds.
What this practically means
#Executive summary
#Key legal issues
#Timeliness and validity of the Notice of Appeal
The Notice of Appeal was filed within time, so the appeal is properly before the court and stay jurisdiction is not defeated.
The Respondent alleged the Notice of Appeal was filed 20 days after judgment, outside the 14 days under Rule 75 of the Court of Appeal Rules, and that without a proper notice the court could not invoke Order 42 Rule 6. The Applicant contended it was filed within days of judgment. The court accepted the Applicant's position, holding the notice was lodged within a reasonable period and the appeal was properly before the court, clearing the jurisdictional obstacle.
Whether the conditions in Order 42 Rule 6(2) for stay of execution were met
The court found the twin conditions of substantial loss, absence of unreasonable delay and security satisfied and granted a conditional stay.
The court reproduced Order 42 Rule 6(2) requiring satisfaction that substantial loss may result, that the application was made without unreasonable delay, and that security for due performance has been given. It found the applicants had certified these conditions and would suffer irreparable harm if stay were denied. It granted stay conditioned on deposit of the decretal sum in a joint interest-earning account within 60 days, with execution to proceed in default.
Legal principles established
#- The court retains discretion to grant stay of execution pending appeal where the Order 42 Rule 6(2) conditions are satisfied, even where the intended appeal is pending before the Court of Appeal.
- Stay granted under Order 42 Rule 6(2) may be conditioned on deposit of the decretal sum in an interest-earning joint account within a fixed period, with execution proceeding in default.
Court orders
#- 1.Stay of execution of the judgment and consequential decree delivered on 4th May 2023 granted pending appeal, on condition that the decretal sum is deposited in an interest-earning account held in the joint names of counsels on record within 60 days
- 2.In default of the deposit, execution may proceed
- On appeal from
- Court of Appeal
- Nakuru Court of Appeal Civil Appeal No. E084 of 2023 (pending)
- Jurisdiction invoked
- Order 42 Rule 6(2) of the Civil Procedure Rules, 2010; sections 1, 1A, 3, 3A of the Civil Procedure Act; Order 51 Rule 1; Articles 27, 43, 45, 46, 47 and 50 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Turgut v Nakuru Water & Sanitation Services Co Ltd (Employment and Labour Relations Cause E062 of 2021) [2024] KEELRC 5 (KLR)", Case Analysis (2024). Not stated in the judgment (ELRC Nakuru, stay application arising from judgment delivered 4th May 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/5/eng@2024-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.