Kenya Building and Construction, Timber and Furniture Industries Employees Union v Timsales Limited (Cause E029, E030 & E031 of 2021 (Consolidated)) [2024] KEELRC 2130 (KLR)
The bottom line
#The Employment and Labour Relations Court paused enforcement of a Kshs. 148 million award, but only if the employer deposits the full amount in a joint interest-earning account within 90 days.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant satisfied the conditions in Order 42 rule 6(2) for stay of execution pending appeal
The court found the conditions satisfied: the application was filed timeously given the post-judgment computation proceedings, substantial loss was demonstrated, and the applicant was willing to provide security by deposit of the decretal sum
The court applied the three cumulative requirements of Order 42 rule 6(2): substantial loss, application without unreasonable delay, and security. It accepted that the appeal process and the computation of figures through Labour Office reports explained the timing of the application, and noted the applicant's willingness to abide by conditions of stay, including deposit of the entire decretal sum in a joint interest-earning account.
Legal principles established
#- Stay of execution under Order 42 rule 6(2) requires substantial loss, reasonable delay and security; where the applicant offers to abide by conditions and delay is explained, conditional stay may be granted on security terms set by the court
Court orders
#- 1.Stay of execution of the judgment delivered on 17/01/2023 and subsequent rulings granted on condition that the entire decretal sum be deposited in an interest earning account held in joint names of counsels on record within 90 days
- 2.In default of such deposit, execution may proceed
- Jurisdiction invoked
- Article 50(7) of the Constitution of Kenya; Sections 12(3)(i) and 17 of the Employment and Labour Relations Court Act; Rule 17 of the ELRC Procedure Rules; Order 42 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Building and Construction, Timber and Furniture Industries Employees Union v Timsales Limited (Cause E029, E030 & E031 of 2021 (Consolidated)) [2024] KEELRC 2130 (KLR)", Case Analysis (2024). Cause pending at ELRC Nakuru (not stated in ruling). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2130/eng@2024-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.