Board of Management, Nzeveni Secondary School v Makumbi (Appeal E001 of 2025) [2025] KEELRC 1159 (KLR)
The bottom line
#A Kenyan court paused an employment case because an appeal over whether the claim is time-barred could end it without a full trial.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether a stay of further proceedings in Makueni MCELRC E001 of 2023 should be granted pending the hearing and determination of the interlocutory appeal against the ruling of 31.01.2025 dismissing the applicant's preliminary objection
Key legal issues
#Whether stay of further proceedings in the trial court should issue pending an interlocutory appeal on limitation
The application was allowed and proceedings in the trial court stayed pending the appeal
The court found the applicant had already filed the record of appeal, so the interlocutory appeal could be heard without further delay. It also found that the ruling appealed against concerned whether the suit is time barred; an affirmative answer on appeal would save the time and costs of a trial that might then be set aside. A short stay of proceedings was therefore in the interests of both parties and the trial court.
Legal principles established
#- A stay of further proceedings may be granted where the appeal is interlocutory, the record of appeal has been filed, and the appeal concerns a time-bar issue whose affirmative answer would render a full trial of the suit unnecessary, saving time and costs for both parties and the trial court
Court orders
#- 1.Stay of further proceedings in Makueni MCELRC E001 of 2023 pending the hearing and determination of the appeal
- 2.The appellant to file submissions on the appeal in 14 days
- 3.The respondent to file and serve submissions on the appeal in 14 days thereafter
- 4.Parties to agree on mention date for directions on judgment on appeal; parties may compromise the appeal
- 5.Costs of the application to abide outcome of the pending appeal
- 6.The Deputy Registrar to forthwith return the case file to Machakos Court Sub-registry
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Employment and Labour Relations Court, Makueni (MCELRC)
- E001 of 2023 (Michael Musyimi Makumbi v. The Board of Management, Nzeveni Secondary School)
- Jurisdiction invoked
- Sections 1A, 1B, 3A of the Civil Procedure Act, Cap 21 and Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Relief refused
#Costs of the application to the applicant
Costs were not awarded to either party; they were made to abide the outcome of the pending appeal
Costs
Costs of the application to abide outcome of the pending appeal
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 applicant has already filed the record of appeal and it should be possible to hear and determine the otherwise interlocutory appeal without a further delay.
The trial Court’s ruling being appealed against is about whether the suit is time barred.
There be stay of further proceedings in Makueni MCELRC E001 of 2023 Michael Musyimi Makumbi Vs. The Board of Management, Nzeveni Secondary School pending the hearing and determination of the appeal herein.
Costs of the application to abide outcome of the pending appeal.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Board of Management, Nzeveni Secondary School v Makumbi (Appeal E001 of 2025) [2025] KEELRC 1159 (KLR)", Case Analysis (2025). Not stated on the face of the judgment (application by Notice of Motion dated 12.02.2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1159/eng@2025-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.