Brinks Security Services Limited v Mudaki & another (Miscellaneous Case E131 of 2024) [2024] KEELRC 2340 (KLR)
The bottom line
#A Nairobi employment court gave Brinks Security more time to appeal and paused the enforcement of the judgment, but only if the company deposits the full award in a joint bank account within 45 days.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file an appeal out of time
The delay was excusable because the applicant had promptly requested and paid for certified copies of the judgment and proceedings which were not availed, and the intended grounds of appeal were arguable
The Court adopted the test of good and substantial reason plus arguability. The applicant formally requested and paid for certified copies on 7th February 2024; the respondent did not suggest the judgment or typed proceedings were available. A memorandum of appeal cannot be drafted without the judgment. The grounds contesting liability, limitation, awards of salary in lieu of notice, costs and interest were held arguable, so the discretion was exercised in favour of extension.
Stay of execution pending appeal under Order 42 Rule 6(2)
The Court granted a conditional stay, weighing substantial loss, absence of unreasonable delay, and security, balancing the applicant's appeal rights against the respondent's enjoyment of the judgment
The applicant faced imminent attachment after a decree issued on 18th April 2024; the three-month delay in filing the application was not inordinate. Although the applicant had not offered security, the Court held it has jurisdiction to impose appropriate conditions and ordered deposit of the decretal sum in a joint interest-earning account, with filing of the appeal within 60 days, failing which the stay lapses automatically.
Legal principles established
#- An applicant for extension of time must show good and substantial reason for the delay and prima facie good cause why the intended appeal should be heard
- A memorandum of appeal cannot be drafted without the judgment sought to be appealed against, so delay caused by non-availment of the judgment is excusable
- An offer to provide security by an applicant for stay signifies good faith, being the price paid for the stay
Court orders
#- 1.Leave granted to the Applicant to file an appeal out of time against the judgment in Milimani CMEL Cause No. E229 of 2019 delivered on 23rd January 2024
- 2.Stay of execution of the decree/judgment in Nairobi CMEL Cause No. 229 of 2019 granted on conditions that within 45 days the applicant deposits the entire decretal amount in an interest-earning account in a reputable commercial bank in the joint names of counsel for the parties
- 3.The applicant shall within 60 days file the intended appeal and take steps to have it placed before the Court for further directions on disposal
- 4.In the event of failure to comply with the conditions, the stay orders shall automatically lapse and the respondents shall be at liberty to proceed with execution
- 5.Costs of the application shall abide the outcome of the appeal
- On appeal from
- Milimani Commercial Magistrates Court (Chief Magistrate, Employment and Labour Relations)
- Cause No. E229 of 2019
- Jurisdiction invoked
- Civil Procedure Act and Order 40 and Order 42 of the Civil Procedure Rules (application for extension of time to appeal and stay of execution)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kalvince Ochieng Akelo v Bulkstream Limited (Consolidated with ELRC Cause Nos. E098 of 2025, E103 of 2025 and E112 of 2025)[2026] KEELRC 2730 (KLR)30 Sept 2026distinguished
Cite this brief
#Cite this brief
Caselaw, "Brinks Security Services Limited v Mudaki & another (Miscellaneous Case E131 of 2024) [2024] KEELRC 2340 (KLR)", Case Analysis (2024). Not stated on the face of the extract (arising from Milimani Commercial Magistrates Court CMEL Cause No. E229 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/2340/eng@2024-09-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.