Kenya Union of Domestic Workers, Hotels, Educational Institutions and Hospital Workers Union (KUDHEIHA) v Kima Mission Hospital (Employment and Labour Relations Cause E004 of 2023) [2024] KEELRC 2240 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution pending intended appeal should be granted
Stay granted subject to deposit of the entire decretal sum as security within 30 days, failing which the stay lapses automatically
The court found no unreasonable delay, the application having been filed within the 90-day stay period granted in the judgment. Applying Order 42(6)(2) and Butt v Rent Restriction Tribunal, it held stay should issue so the appeal is not rendered nugatory, but the decree holder's fruits of judgment must be secured. The applicant's willingness to furnish security was noted, but the proposed Kshs. 500,000 was rejected as insufficient; full deposit was required.
Whether the review application dated 13th September 2024 remained for determination
It was overtaken by events and determined under the substantive application of 22nd August 2024
The 13th September application sought substitution of the deposit condition in the temporary ex parte orders of 29th August 2024. The court found the order sought to be varied was temporary and interlocutory, and the substantive application was now being determined on merit, rendering the review application moot; it was therefore subsumed into the main application and decided therewith.
Legal principles established
#- Stay of execution pending appeal requires satisfaction that substantial loss may result, that the application was made without unreasonable delay, and security for due performance of the decree
- The court must balance the applicant's interest in pursuing appeal against the decree holder's right to enjoy the fruits of judgment, secured by adequate security
Court orders
#- 1.Stay of execution of the judgment and decree in Kakamega ELRC Cause No. E004 of 2023 granted pending the hearing and determination of the intended appeal, subject to deposit of the entire decretal sum awarded to the 3 grievants into court within 30 days of the ruling, failing which the stay order stands automatically vacated
- 2.The application dated 13th September 2024 held to have been overtaken by events and determined under the application of 22nd August 2024
- 3.Costs of the application to the claimant
- Jurisdiction invoked
- Order 42 Rule 6(1) and (2) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Union of Domestic Workers, Hotels, Educational Institutions and Hospital Workers Union (KUDHEIHA) v Kima Mission Hospital (Employment and Labour Relations Cause E004 of 2023) [2024] KEELRC 2240 (KLR)", Case Analysis (2024). Kakamega ELRC Cause No. E004 of 2023 (Notice of Motion dated 22nd August 2024 consolidated with Notice of Motion dated 13th September 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2240/eng@2024-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.