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ELRCAllowedNot stated in the extract (application dated 7th November 2024)· [2025] KEELRC 1077 (KLR)

Ogochi v Kenya Pipeline Company Limited (Cause E042 of 2021) [2025] KEELRC 1077 (KLR)

High Court of Kenya (sitting at Nakuru, following a judgment of the Employment and Labour Relations Court)
4 April 2025
2,708 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan court allowed an employer to appeal late and paused an award, but only after Kshs.1.12 million is deposited in a joint account.

What this practically means

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Executive summary

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This ruling by Anna Ngibuini Mwaure J at Nakuru determines a Notice of Motion dated 7th November 2024 filed by the Respondent/Applicant (the employer) seeking stay of execution of a judgment of the Employment and Labour Relations Court delivered on 17th October 2024 by Justice David Nderitu, and extension of time to lodge a notice of appeal, pending an intended appeal to the Court of Appeal in Nakuru. The application was brought under Order 42 Rule 6(1) of the Civil Procedure Rules and sections 1A, 1B, 3, 3A and 63(e) of the Civil Procedure Act. The Claimant/Respondent opposed, arguing among other things that the court had no jurisdiction to entertain an application to lodge a notice of appeal out of time, that the delay was unreasonable, and that he should not be deprived of the fruits of his judgment. The court framed a single issue: whether the application was merited. Relying on section 7 of the Appellate Jurisdiction Act and Rachel Njambi Thuo v County Government of Nyandarua, it held it had jurisdiction to extend time. It found the delay occasioned by e-filing mapping difficulties was not inordinate and that the Order 42 Rule 6(2) criteria, including security, were satisfied. The application was allowed on conditions: extension of time of 14 days, stay of execution pending the intended appeal, deposit of the decretal sum of Kshs.1,120,000/= into a joint interest-earning account within 21 days, filing of the Record of Appeal within 30 days of deposit, default leading to lapse of stay, and costs in the cause.

Key legal issues

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01

Jurisdiction to extend time for lodging a notice of appeal

Holding

The court has jurisdiction under section 7 of the Appellate Jurisdiction Act notwithstanding the objection raised.

Reasoning

The Claimant/Respondent argued the court lacked jurisdiction to extend time for lodging a notice of appeal out of time. The court found section 7 of the Appellate Jurisdiction Act expressly empowers the High Court to extend time for giving notice of intention to appeal even after expiry, and aligned itself with Rachel Njambi Thuo v County Government of Nyandarua on that jurisdiction.

p. 6
02

Whether the delay in lodging the notice of appeal was inordinate

Holding

The delay was not inordinate; the e-filing system challenges explained the timeline.

Reasoning

Judgment was delivered on 17th October 2024; the applicant attempted e-filing but was not mapped in the system, shared the notice via the registry email on 31st October 2024, was mapped on 4th/5th November 2024 and then filed the application. The court found the time differences short and the delay not inordinate.

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Whether conditions for stay of execution under Order 42 Rule 6(2) were met

Holding

The criteria were met, particularly on security, though the court noted the bank guarantee was not attached; security was imposed by ordering deposit of the decretal sum.

Reasoning

The court applied the three limbs of Order 42 Rule 6(2): substantial loss, absence of unreasonable delay, and security. The applicant offered a bank guarantee, though it was not annexed; the court therefore conditioned the stay on deposit of the decretal sum of Kshs.1,120,000/= into a joint interest-earning account within 21 days.

p. 6

Legal principles established

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  • The High Court has jurisdiction under section 7 of the Appellate Jurisdiction Act to extend time for giving notice of intention to appeal even after the time has expired.
  • Stay of execution under Order 42 Rule 6(2) requires substantial loss, application without unreasonable delay, and security for due performance of the decree.

Court orders

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  1. 1.Time for leave to lodge the notice of appeal is extended to 14 days from the ruling
  2. 2.A stay of execution granted pending the hearing and determination of the intended appeal
  3. 3.The decretal sum of Kshs.1,120,000/= to be deposited in a joint interest-earning account in the names of both advocates within 21 days of the ruling
  4. 4.Costs of the application to be in the cause
  5. 5.In default of deposit, the stay orders shall automatically lapse and execution to proceed
  6. 6.Upon depositing the decretal sum, the Respondent/Applicant to file and serve its Record of Appeal within thirty (30) days thereof
On appeal from
Employment and Labour Relations Court
Not stated
Jurisdiction invoked
Section 7 of the Appellate Jurisdiction Act and Order 42 Rule 6(1) of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ogochi v Kenya Pipeline Company Limited (Cause E042 of 2021) [2025] KEELRC 1077 (KLR)", Case Analysis (2025). Not stated in the extract (application dated 7th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1077/eng@2025-04-04

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