Maisha Steel (EA) Ltd v Wafula (Appeal E155 of 2023) [2024] KEELRC 335 (KLR)
The bottom line
#A Kenyan court allowed an employer's fresh stay of execution because the other side's refusal to cooperate, not the employer's fault, caused earlier orders to lapse.
What this practically means
#Executive summary
#Key legal issues
#Whether lapse of prior consent orders through non-compliance bars a fresh stay application
The court found the earlier consent orders were not implemented through no fault of the Applicant, as the Respondent refused to cooperate in opening the joint account, warranting fresh orders to right the situation
The court accepted the Applicant's account that it endeavoured to comply by filing the Memorandum of Appeal on 25th August 2023 and the Record of Appeal on 6th September 2023, but the Respondent's counsel refused to execute account opening documents and instead instructed auctioneers to proclaim goods in execution. The ensuing confusion caused time to lapse. Allowing the application was necessary to preserve the Applicant's fair hearing rights pending appeal.
Whether the Respondent's objections of res judicata and functus officio prevailed
The objections did not prevail; the court allowed the application despite the existence of the earlier consent orders of 26th July 2023
The Respondent argued the stay and extension issues had been determined by consent before Kebira, J., making the court functus officio and the application res judicata, and that the orders had lapsed due to the Applicant's non-compliance. The court instead accepted that the failure to implement the consent orders was attributable to the Respondent's non-cooperation, and that the interest of justice required allowing the fresh application.
Legal principles established
#- Where non-compliance with conditions attached to stay orders is attributable to the other party's lack of cooperation rather than the applicant, the interests of justice favour reinstating/extending stay to facilitate the right to a fair hearing on appeal
Court orders
#- 1.The application dated 18th September 2023 is allowed
- 2.Each party bears their own costs of the application
- On appeal from
- Chief Magistrate's Court at Ruiru
- Employment Cause No. E062 of 2021
- Jurisdiction invoked
- Appellate/Supervisory jurisdiction of the Employment and Labour Relations Court over appeals from the Chief Magistrate's Court in employment causes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maisha Steel (EA) Ltd v Wafula (Appeal E155 of 2023) [2024] KEELRC 335 (KLR)", Case Analysis (2024). Application dated 18th September 2023 (arising from Employment Cause No. E062 of 2021, Chief Magistrate's Court at Ruiru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/335/eng@2024-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.