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ELRCDismissedNot stated in judgment· [2025] KEELRC 1117 (KLR)

Stubbs v Fourth Generation Capital Ltd (Cause E272 of 2023) [2025] KEELRC 1117 (KLR)

Employment and Labour Relations Court
8 April 2025
SRStephen Radido
1,081 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Employment Court in Nakuru refused to pause an employment case at judgment stage because the requesting party was not fully honest with the Court.

What this practically means

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Executive summary

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This was a ruling on a Motion in which the Respondent sought a stay of proceedings in the Claimant's cause pending an intended appeal to the Court of Appeal against ex-tempore rulings of 29 January 2025, in which the Court (Radido Stephen, J) had declined adjournments and a review of that decision after the Respondent's witness failed to attend and would not disclose the nature of her engagements. The Respondent complained that the Court delayed furnishing a certified copy of the rulings, that the intended appeal was arguable, and that justice favoured a stay. The Claimant opposed, arguing the application was defective, vexatious, a disguised adjournment/review, and sub judice given a parallel application to the Court of Appeal. The Court held that a party seeking discretionary relief must approach it with clean hands and make candid disclosure, and found the Respondent's assertion that the rulings were delayed to be incorrect since they were embedded in the proceedings. It further held that arguability of the intended appeal was a matter for the Court of Appeal, as a trial court cannot pronounce its own decision faulty. With only judgment remaining in the cause, the Court found it would not be legally prudent to grant a stay. The Motion dated 7 February 2025 was dismissed with costs. The Respondent relied on Re Global Tours and Travels Ltd and Kenya Medical Lab Technicians Board v Prime Communications Ltd; the Claimant cited Halsbury's Laws of England and Lucy Waithera Kimanga v John Waiganjo Gichuri, but no authority was adopted by the Court.

Key legal issues

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01

Whether stay of proceedings should be granted pending an intended appeal

Holding

The stay was refused. The Court held that the applicant lacked candour about the witness's non-appearance, the rulings were already available in the proceedings, and with only judgment remaining it would not be legally prudent to stay the proceedings.

Reasoning

The Respondent twice sought adjournments which were declined because the witness would not disclose her engagements. The claim that certified rulings were delayed was incorrect since the rulings were embedded in the proceedings. Whether the intended appeal was arguable was a matter for the Court of Appeal, and granting a stay at the judgment stage was not legally prudent.

p. 3
02

Duty of candour in discretionary applications

Holding

A party invoking the Court's discretion must come with clean hands and make candid disclosure; the Respondent's witness withheld the nature of her engagements, which told against the application.

Reasoning

The Court found the witness had declined to disclose why she could not attend, a fact the Respondent admitted. This lack of disclosure was a disqualifying factor for equitable discretionary relief such as a stay of proceedings.

p. 3

Legal principles established

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  • A party seeking exercise of the Court's discretion must approach the Court with clean hands and make candid disclosure
  • A court cannot find its own decision faulty so as to facilitate an appeal against it; arguability of an intended appeal is for the appellate court

Court orders

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  1. 1.The Court declines to grant the orders sought in the Motion dated 7 February 2025
  2. 2.The Motion is dismissed with costs
On appeal from
Employment and Labour Relations Court (intended appeal to Court of Appeal)
Jurisdiction invoked
Inherent jurisdiction and discretion of the Court over its own proceedings (Application for stay of proceedings pending appeal under Court of Appeal procedure)

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, "Stubbs v Fourth Generation Capital Ltd (Cause E272 of 2023) [2025] KEELRC 1117 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1117/eng@2025-04-08

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