Shree Cutchi Satsang Swaminarayan Temple v Owuor (Employment and Labour Relations Cause E079 of 2022) [2024] KEELRC 251 (KLR)
The bottom line
#Kenya's High Court let a temple file its appeal late because COVID-19 court disruptions delayed it, and paused enforcement of the judgment against it.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to appeal
The appellant's explanation for delay - judgment delivered during COVID-19 and copy of judgment obtained only in June 2022 - was valid and reasonable, justifying admission of the appeal out of time.
The court found the judgment was delivered during the Covid-19 pandemic when courts operated under restrictions. Although the appellant applied for a copy of judgment by letter dated 21st August 2021, it was not availed until 16th June 2022. Following the reasoning in Zacheaus Ouma Juma vs Nicholas Kirangi, delay caused by pandemic-era court disruptions is not deliberate, and the appellant moved promptly thereafter.
Stay of execution pending appeal
Stay of execution was granted, conditioned on the appellant depositing the entire decretal amount in court within 45 days and filing the record of appeal within 45 days.
The appellant argued the respondent's physical address and financial means were unknown, offered security, and the application was unopposed: the respondent filed no reply or submissions despite service evidenced by an affidavit of service dated 22nd July 2022. The court found it reasonable to grant the opportunity, imposing the decretal amount deposit as security.
Legal principles established
#- Delay occasioned by the COVID-19 pandemic, including delay in obtaining a copy of the judgment, constitutes a valid and reasonable ground for admitting an appeal out of time.
Court orders
#- 1.Appeal admitted out of time
- 2.Stay of execution of the judgment delivered on 31st March 2021 by Hon. D.O. Mbeja granted pending the hearing and determination of the appeal
- 3.Appellant to deposit the entire decretal amount with the court within 45 days as security
- 4.Appellant to file the record of appeal within 45 days from the date of the ruling
- 5.Failure to comply with the deposit and record-of-appeal orders, execution will proceed
- 6.Costs in the intended appeal
- On appeal from
- Chief Magistrate's Court, Milimani
- Milimani CMCC NO. 81 of 2017
- Jurisdiction invoked
- Inherent jurisdiction to extend time and grant stay pending appeal; appeal from the Chief Magistrate's Court. Article 159(2)(d) and Article 48 of the Constitution invoked regarding virtual delivery.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shree Cutchi Satsang Swaminarayan Temple v Owuor (Employment and Labour Relations Cause E079 of 2022) [2024] KEELRC 251 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/251/eng@2024-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.