Teachers Service Commission v Limo (Employment and Labour Relations Appeal E039 of 2024) [2025] KEELRC 1415 (KLR)
The bottom line
#Kenya's employment court stopped a teacher from collecting his award until the Teachers Service Commission's appeal is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution pending appeal should be granted
Stay granted: substantial loss established, application filed without undue delay, and the Applicant as a Government entity exempt from security
The court applied Order 42 Rule 6 conditions. It found substantial loss likely since execution would issue against the Applicant if stay were refused. The judgment was delivered on 26th November 2024 and the memorandum of appeal filed on 9th December 2024, within one month, showing no undue delay. On security, the court relied on Order 42 Rule 8, section 21 of the Teachers Service Commission Act and section 21(4) of the Government Proceedings Act to hold the Applicant exempt from depositing security.
Whether the Applicant was required to deposit security for due performance
No security required as proceedings against the Commission are deemed proceedings against the Government, which is exempt under Order 42 Rule 8
Section 21 of the Teachers Service Commission Act deems proceedings against the Commission to be proceedings against the Government, subject to the Government Proceedings Act. Order 42 Rule 8 exempts the Government from furnishing security under rules 6 and 7, and section 21(4) of the Government Proceedings Act bars execution against the Government. The exemption applied to the Applicant.
Legal principles established
#- Under Order 42 Rule 6, an applicant for stay must establish substantial loss, that the application was made without unreasonable delay, and offer security for due performance
- The Government and public officers sued in official capacity are exempt from furnishing security for stay under Order 42 Rule 8
Court orders
#- 1.Stay of execution of the judgment of Hon. Kimani Mukabi delivered on 26th November 2024 in Eldoret CMEL No. E038 of 2021 and all consequential orders pending the hearing and determination of the Applicant's Appeal
- 2.Costs to abide the outcome of the Appeal
- On appeal from
- Magistrates' Court (Eldoret)
- Eldoret CMEL No. E038 of 2021
- Jurisdiction invoked
- Sections 3A of the Civil Procedure Act, Order 42 rule 6(1), Order 50 rule 6, Order 51 rule 1 of the Civil Procedure Rules and sections 21(1) and (3) of the Government Proceedings Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Teachers Service Commission v Limo (Employment and Labour Relations Appeal E039 of 2024) [2025] KEELRC 1415 (KLR)", Case Analysis (2025). Eldoret CMEL No. E038 of 2021 (application dated 4th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1415/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.