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ELRCDismissedMotion dated 23 April 2024 (arising from Kisumu CMC ELRC Cause No. 5 of 2019)· [2024] KEELRC 1589 (KLR)

Kibos Sugar & Allied Industries Ltd v Amuma (Appeal E011 of 2024) [2024] KEELRC 1589 (KLR)

Employment and Labour Relations Court
26 June 2024
RSRadido Stephen
736 words in judgment
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The bottom line

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Kibos Sugar lost its bid to pause enforcement of an employment award because it waited over four years and broke the court's conditions for temporary protection.

What this practically means

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Executive summary

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Kibos Sugar & Allied Industries Ltd (applicant) moved the Employment and Labour Relations Court at Kisumu by a Motion dated 23 April 2024 seeking a stay of execution of the decree in Kisumu CMC ELRC Cause No. 5 of 2019, Catherine Akinyi Amuma v Kibos Sugar & Allied Industries Ltd, pending an appeal against the decision of the Learned Trial Magistrate Hon Shimenga delivered on 4 April 2024. On 25 April 2024 the court granted an ex-parte interim stay conditional on the decretal sum being deposited in court by 30 April 2024. The respondent, Catherine Akinyi Amuma, opposed the Motion, pointing out that judgment had been delivered on 22 November 2019 after the applicant failed to file a response; a consent of 22 July 2020 had allowed the cause to be reopened on terms the applicant never complied with, only paying thrown-away costs in April 2024. The court found that the applicant breached the condition attached to the interim stay without any explanation; the Motion was lodged over four years after judgment, constituting inordinate and unexplained delay; the applicant failed to disclose the legal nexus between the magistrate's orders of 4 April 2024 and the 2019 judgment, and did not place the relevant decisions before the court; and no suggestion was made that the respondent was a person of straw unable to refund the decretal amount. Concluding that the applicant had miserably failed to satisfy the principles governing the exercise of judicial discretion, Radido Stephen, J, dismissed the Motion with costs on 26 June 2024, the order being delivered virtually, dated and signed in Kisumu.

Key legal issues

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Whether a stay of execution pending appeal should be granted

Holding

The Motion was dismissed because the applicant failed to meet the threshold for stay of execution: it breached the condition for interim stay, delayed over four years post-judgment without explanation, and did not demonstrate the respondent could not refund the decretal sum.

Reasoning

The court found the applicant was granted an ex-parte interim stay on condition of depositing the decretal sum by 30 April 2024 but did not comply, with no explanation offered. The Motion was filed over four years after the judgment of 22 November 2019, with no explanation for the delay. The applicant also failed to disclose the nexus between the magistrate's orders of 4 April 2024 and the 2019 judgment, did not place the relevant decisions before the court, and did not suggest the respondent was a person of straw unlikely to refund the decretal amount.

p. 2

Legal principles established

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  • An applicant for stay of execution must satisfy the principles for the exercise of the court's judicial discretion, including explanation of delay and compliance with conditions attached to interim orders.

Court orders

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  1. 1.The Motion dated 23 April 2024 is dismissed with costs
On appeal from
Chief Magistrate's Court (ELRC), Kisumu
CMC ELRC Cause No. 5 of 2019
Jurisdiction invoked
Appellate jurisdiction over appeals from the Employment and Labour Relations Court subordinate causes (Motion for stay of execution pending appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kibos Sugar & Allied Industries Ltd v Amuma (Appeal E011 of 2024) [2024] KEELRC 1589 (KLR)", Case Analysis (2024). Motion dated 23 April 2024 (arising from Kisumu CMC ELRC Cause No. 5 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/1589/eng@2024-06-26

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.