Patriotic Group of Companies v Barasa (Civil Appeal E001 of 2024) [2025] KEELRC 462 (KLR)
The bottom line
#Kenya's Employment Court paused execution of an award because the winning party showed he couldn't refund the money if the appeal succeeded.
What this practically means
#Executive summary
#Key legal issues
#Conditions for grant of stay of execution pending appeal
The ELRC (Procedure) Rules 2024 are silent on the conditions for stay, so the lacuna is filled by Order 42 Rule 6(2) of the Civil Procedure Rules: substantial loss, no unreasonable delay, and security. All three were satisfied - the applicant offered security, the appeal was filed timely, and the risk of the appeal being rendered nugatory was proved as the respondent did not rebut the assertion that he could not refund the decretal amount.
The court applied Order 42 Rule 6(2) and the guidance in Butt v Rent Restriction Tribunal. The applicant offered to deposit security; the memorandum of appeal was filed within days of the judgment; triable issues existed, notably the award of one month's notice pay of Kshs 119,092 against a monthly salary of Kshs 9,600 and the challenge to the finding of unlawful termination on the basis the respondent was dismissed for failure to perform duties as a guard. The respondent's assertion of inability to refund the decretal sum was unrebutted, establishing substantial loss.
Security and conditional stay
The applicant's willingness to deposit security, coupled with the absence of evidence of auctioneer fees claimed by the respondent, led the court to grant stay conditional on deposit of the decretal amount in a joint interest-earning account within 45 days.
The respondent alleged entitlement to auctioneer fees but annexed no evidence, which the court noted. The applicant's affidavit of Jenifier Kigen expressed willingness to deposit security for the performance of the decree. The court therefore accommodated the respondent's alternative proposal by crafting the stay as conditional on deposit of the decretal amount in a joint interest-earning account, preserving the respondent's access to the fruits of judgment should the appeal fail.
Legal principles established
#- The discretion to grant or refuse stay should be exercised so as not to render a successful appeal nugatory
Court orders
#- 1.Temporary order of stay of execution of the judgment of Hon. L. B. Koech dated 19th December 2023 in CMEL Cause No. E834 of 2021 pending hearing and determination of the appeal, on condition that the decretal amount is deposited in a joint interest-earning account opened by the advocates for the parties within 45 days of the order, in default of which the stay lapses
- 2.Parties to take directions on the appeal
- 3.Costs of the application to the Respondent
- On appeal from
- CMEL (subordinate court)
- E834 of 2021
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules; Employment and Labour Relations Court (Procedure) Rules 2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Patriotic Group of Companies v Barasa (Civil Appeal E001 of 2024) [2025] KEELRC 462 (KLR)", Case Analysis (2025). Notice of Motion filed 3rd January 2024 arising from an intended appeal against CMEL Cause No. E834 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/462/eng@2025-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.