Landmark Holdings Limited v Mutisya (Employment and Labour Relations Appeal E252 of 2024) [2025] KEELRC 19 (KLR)
The bottom line
#Kenya's Employment Court gave a late appellant extra time to appeal but only stopped judgment enforcement after ordering the full decretal amount deposited first.
What this practically means
#Executive summary
#Key legal issues
#Whether to grant extension of time to file the appeal
Extension of time granted; the court found no inordinate delay, a satisfactory basis for the delay, and an arguable memorandum of appeal, and deemed the memorandum of appeal dated 28th August 2024 as duly filed.
Rule 12(2) of the ELRC (Procedure) Rules 2024 required the appeal to be filed within thirty days of the judgment delivered on 26th July 2024. The application dated 30th August 2024 and the memorandum dated 28th August 2024 were filed outside that period. Applying the Fahim Yasin Twaha principles, the court found the delay short, the reason (failure to issue notice of judgment delivery) satisfactory, no prejudice to the respondent, and arguable issues raised.
Whether to grant stay of execution of the judgment and decree pending appeal
Stay granted conditionally upon the applicant depositing the decretal amount of Kshs.835,380 in an interest-earning joint account in the names of the parties' advocates within 30 days, failing which execution may proceed.
Since the ELRC (Procedure) Rules 2024 are silent on the conditions for stay, the court applied Order 42 Rule 6(2) of the Civil Procedure Rules and the Butt v Rent Restriction Tribunal principles: substantial loss, no unreasonable delay, and security for due performance. The court found no inordinate delay and focused on ensuring the appeal was not rendered nugatory, but noted the applicant had been silent on security, which the court considered a key condition.
Legal principles established
#- Extension of time is an equitable remedy available to a deserving party at the discretion of the court, and the applicant must explain the delay and lay a basis for the extension.
- Where the ELRC (Procedure) Rules 2024 are silent on the conditions for granting stay of execution pending appeal, the conditions in Order 42 Rule 6(2) of the Civil Procedure Rules apply, including security for due performance of the decree.
Court orders
#- 1.Leave granted to the Applicant to file appeal out of time; time enlarged accordingly
- 2.Memorandum of Appeal dated 28th August 2024 deemed duly filed
- 3.Stay of execution of the judgment and decree in MC ELRC E1542 of 2019 pending the hearing and determination of the appeal, conditional on the decretal amount of Kshs.835,380 being deposited in an interest-earning joint account in the names of the parties' advocates within 30 days, in default of which execution may proceed
- 4.Costs of the application to the Respondent
- 5.Mention on 17th February 2025 to confirm compliance and issue further directions in the appeal
- On appeal from
- Chief Magistrate's Court, Nairobi
- MC ELRC E1542 of 2019
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 79G of the Civil Procedure Act; Order 42 and Order 51 of the Civil Procedure Rules; Rules 12, 18 and 21 of the ELRC (Procedure) Rules 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Landmark Holdings Limited v Mutisya (Employment and Labour Relations Appeal E252 of 2024) [2025] KEELRC 19 (KLR)", Case Analysis (2025). Judicial Review / Application arising from MC ELRC E1542 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/19/eng@2025-01-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.