Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedNot stated in judgment (application dated 5 December 2024; appeal from Mombasa CMELRC No. E273 of 2024)

African Marine and General Engineering Company Limited v Philip (Appeal E234 of 2024) [2025] KEELRC 812 (KLR)

Employment and Labour Relations Court (Appellate jurisdiction)
6 March 2025
765 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
The appellant, whose preliminary objection on jurisdiction and limitation was dismissed by the trial court in Mombasa CMELRC No. E273 of 2024 by ruling delivered on 28 October 2024, applied by notice dated 5 December 2024 for a stay of the trial court proceedings pending the hearing of its appeal. The appellant, through the affidavit of its human resource manager Brenda Koech, contended that the respondent's suit was filed out of time contrary to Section 89 of the Employment Act and that the trial court erred in holding the suit was filed on 3 May 2024 within time; that unless proceedings were stayed, judgment would be rendered before the jurisdictional question was resolved on appeal, rendering the appeal nugatory. The respondent opposed, arguing that a stay of proceedings is a grave judicial action interfering with the right to be heard, that parties had complied with Order 11 of the Civil Procedure Rules, and that the balance of convenience favoured expeditious hearing of his claim. The court framed one issue: whether to stay proceedings pending appeal. Relying on M/S Karsan Ramji & Sons Limited v Athumani, it affirmed that a stay is a serious and grave action to be exercised sparingly. However, finding that the appeal raised serious questions of law on the application of Section 89 and jurisdiction — with jurisdiction, a court should proceed; without it, it should stop — the court allowed the application, stayed the trial proceedings, and ordered costs to abide the outcome of the appeal.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the court should stay proceedings before the trial court pending the appeal hearing

Key legal issues

#
01

Whether to stay trial court proceedings pending appeal on the suit being time-barred under Section 89 of the Employment Act

Holding

Stay granted; the appeal raises serious questions on limitation and jurisdiction which must be resolved before trial proceedings continue.

Reasoning

The appellant had filed a Memorandum and Record of Appeal challenging the ruling that dismissed its preliminary objection on limitation and jurisdiction. The court held the appeal raised serious questions of law on Section 89 of the Employment Act, and that determining the appeal would clarify and guide further proceedings before the trial court, warranting a stay.

p. 2
02

The nature of a stay of proceedings order

Holding

A stay of proceedings is a serious, grave and fundamental judicial action to be exercised sparingly and only in exceptional cases.

Reasoning

Relying on M/S Karsan Ramji & Sons Limited v Athumani, the court held that a stay of proceedings interferes with the right to conduct litigation, access to justice, the right to be heard without delay and fair trial, hence the sparing exercise of the power.

p. 2

Legal principles established

#
  • Stay of proceedings is a grave judicial action interfering with the right to be heard and should be exercised sparingly and only in exceptional cases.
  • Where jurisdiction is in question, the court must stop and the jurisdictional question should be addressed first.

Court orders

#
  1. 1.Stay of proceedings in Mombasa CMELRC No. E273 of 2024 pending the hearing and determination of the appeal
  2. 2.Costs to abide by the outcome of the appeal

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Mombasa CMELRC
E273 of 2024
Jurisdiction invoked
Appellate jurisdiction over a ruling of the ELRC subordinate court (Mombasa CMELRC No. E273 of 2024); no specific provision cited in the judgment

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.

The stay of proceedings is a serious, grave, and fundamental judicial action that interferes with any party's right to conduct litigation. It impinges on the right of access to justice, the right to be heard without delay, and the right to a fair trial
p. 2Nature of stay of proceedings
With jurisdiction, the court should proceed; without jurisdiction, the court should stop.
p. 2Primacy of jurisdiction
In these circumstances, the application dated 5 December 2024 is with merit; there shall be a stay of proceedings in Mombasa CMELRC No.E273 of 2024 to allow the court to hear the appeal. Costs to abide by the outcome of the appeal.
p. 2Final orders

Issues in the judgment

#
minor

Judgment states the respondent filed his suit on 3 May 2024 in one place and 9 May 2024 in another.

minor

The judgment does not name the parties or give the case number of the appeal itself.

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "African Marine and General Engineering Company Limited v Philip (Appeal E234 of 2024) [2025] KEELRC 812 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 5 December 2024; appeal from Mombasa CMELRC No. E273 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/812/eng@2025-03-06

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.