Mijengo Investments Limited v Kemunto (Miscellaneous Application E010 of 2024) [2024] KEELRC 980 (KLR)
The bottom line
#A Kenyan court paused enforcement of a Kshs 304,747 unfair termination award, but only because the employer agreed to deposit the full amount in court within 30 days.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution pending appeal should be granted
Stay granted conditionally on deposit of the entire decretal sum in court within 30 days, with execution to issue in default
The court observed that the applicant had already filed a Notice of Appeal on the day judgment was delivered, so the appeal was properly on foot and the extension application was unnecessary. The only live question was the stay. The court exercised its discretion under Order 42 Rule 6 and, balancing the applicant's claim of substantial loss against the respondent's right to enjoy the fruits of judgment, conditioned the stay on the applicant depositing the whole decretal sum in court within 30 days.
Whether extension of time to file the appeal was necessary
The extension application was superfluous because the Notice of Appeal was filed on the same day as the judgment
The applicant explained that delay in lodging the substantive appeal was caused by the unavailability of typed proceedings. The court noted the judgment date, that a Notice of Appeal was filed on the same day, and held that the Notice of Appeal amounted to an appeal in itself, leaving the applicant only to compile the record; hence leave to appeal out of time was not required.
Legal principles established
#- Filing a Notice of Appeal on the day of judgment constitutes an appeal in itself, and an application to file the appeal out of time is unnecessary
- A stay of execution pending appeal may be granted on condition that the decretal sum is deposited in court within a fixed period, failing which execution may issue
Court orders
#- 1.The application to file an appeal out of time is declared superfluous since a Notice of Appeal was filed on the same day as the judgment
- 2.Stay of execution granted on condition that the entire decretal sum be deposited in court within 30 days, in default execution to issue
- 3.Costs to abide the outcome of the appeal
- On appeal from
- Employment and Labour Relations Court, Nakuru
- MCELRC 217 of 2022 (Reah Kemunto v Mijengo Investments Limited)
- Jurisdiction invoked
- Sections 1A, 1B, 63(e) of the Civil Procedure Act and Order 42 Rules 6 & 2 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mijengo Investments Limited v Kemunto (Miscellaneous Application E010 of 2024) [2024] KEELRC 980 (KLR)", Case Analysis (2024). Notice of Motion dated 19th December 2024/19th February 2024 arising from intended appeal against Nakuru MCELRC 217 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/980/eng@2024-05-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.