Juma v Anglican Church of Kenya All Saints Cathedral Diocese (Cause 368 of 2016) [2025] KEELRC 777 (KLR)
The bottom line
#The Employment Court paused enforcement of an award against the Anglican Church, but only if it pays Kshs 1 million now and secures the balance.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Motion dated 18 February 2025 was filed without inordinate delay
- 2.Whether the Respondent demonstrated that it would suffer substantial loss if stay of execution were declined
- 3.What conditions, if any, should attach to a stay of execution pending the intended appeal
Key legal issues
#Whether the conditions for stay of execution were satisfied
The Motion was allowed. The Respondent had made payments on the uncontested award and offered security, satisfying the Court that stay should issue on conditions protecting the estate.
The Court noted no inordinate delay in filing the Motion since the judgment was delivered on 21 November 2024 and the Motion filed on 18 February 2025. The Claimant's main contention was lack of demonstrated substantial loss, but the Respondent had already made payments on the uncontested award and offered security. Balancing the parties' interests, the Court granted stay conditioned on partial payment and deposit of the balance in a joint interest-earning account, achieving equality of arms.
Legal principles established
#- A stay of execution pending appeal may be granted conditioned on part payment of the decretal sum and deposit of the balance in a joint interest-earning account
Court orders
#- 1.An order of stay of execution pending determination of the Appeal before the Court of Appeal is granted on conditions as hereunder
- 2.The Respondent to pay to the Administrator of the estate of the Claimant through her advocate on record Kshs 1,000,000/- (Kshs One Million only) within 30 days
- 3.The balance of the decretal sum to be deposited in an interest-earning account in the names of the parties' advocates on record within 30 days
- 4.The parties to agree on the bank and branch where the balance of the decretal sum will be deposited
- 5.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal
- Jurisdiction invoked
- Inherent jurisdiction of the Employment and Labour Relations Court to stay execution of its own judgment pending an intended appeal
Relief refused
#Unconditional release of half of the decretal sum to the Administrator as sought in the replying affidavit
The Court instead granted a conditional stay, releasing only Kshs 1,000,000/- and directing the balance into a joint interest-earning account
Costs
Costs in the cause
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the circumstances the Court will allow the Motion.
An order of stay of execution pending determination of the Appeal before the Court of Appeal is granted on conditions as hereunder.
The balance of the decretal sum be deposited in an interest-earning account in the names of the parties’ advocates on record within 30 days from today.
Issues in the judgment
#The judgment states 'The Claimant has not asserted that there was an inordinate delay in moving the Court' when the context indicates the Respondent (applicant) was the party whose delay was in issue
Typographical error in the judgment text ('ofiered' for 'offered')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Juma v Anglican Church of Kenya All Saints Cathedral Diocese (Cause 368 of 2016) [2025] KEELRC 777 (KLR)", Case Analysis (2025). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/777/eng@2025-03-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.