Mosongo v Pathologists Lancet Kenya (Cause E341 of 2022) [2025] KEELRC 937 (KLR)
The bottom line
#A Kenyan employment court refused to pause a Kshs 5.9 million judgment because the losing party had not yet filed any appeal, warning against speculative stay applications.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution can be granted pending an intended (not yet filed) appeal
No; such an application is premature and experimental, and stay would persist indefinitely without a definitive timeframe
The court observed it is unusual to seek stay where no appeal is on record. The applicant relied only on a draft memorandum of appeal, which the respondent argued reflected poor bona fides and exposed the decree holder to perpetual uncertainty. The court found the application speculative and unfair to the decree holder, who is entitled to the fruits of judgment.
Whether the applicant demonstrated substantial loss
No; the applicant offered no sufficient evidence of irreparable loss or that the appeal would be rendered nugatory
Applying Kenya Shell Limited v Benjamin Karuga Kibiru & Another, substantial loss is the cornerstone for granting stay. The applicant's claim that paying Kshs. 5,877,227.00 would divert budgeted resources from essential medical services was held insufficient; there was no evidence of irreparable loss or of the appeal being rendered nugatory if execution proceeded.
Legal principles established
#- Stay of execution pending appeal requires substantial loss, unreasonable delay absent, and security; the fruits of judgment must not be denied to a successful litigant on speculation
Court orders
#- 1.Application dismissed
- 2.Each party to bear their own costs of the application
- On appeal from
- Employment and Labour Relations Court (judgment of D. K. Njagi Marete J, 27 November 2024)
- not stated in judgment
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules, 2010, read with Rule 73(2) of the ELRC Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mosongo v Pathologists Lancet Kenya (Cause E341 of 2022) [2025] KEELRC 937 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/937/eng@2025-03-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.