Frodak Kenya Limited v Simon (Miscellaneous Application E009 of 2024) [2025] KEELRC 1456 (KLR)
The bottom line
#A Kenyan employment court let a company appeal late because its former lawyers missed the deadline, but only if it first deposits the full judgment amount in court.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file appeal out of time
Delay of one month and 21 days was excusable as reasonably explained by change of advocates; the draft memorandum of appeal raises arguable issues.
The court applied the Salat principles: length and reason for delay, arguability of the intended appeal, and prejudice to the respondent. The applicant explained that its former advocates failed to file the appeal within the 30-day statutory period under Section 79G, and the new advocates moved promptly after instruction. The respondent was found to suffer no real prejudice, as stay only delays enjoyment of the decree.
Stay of execution pending the intended appeal
Stay granted conditional on the applicant depositing the entire decretal sum plus costs in court within 30 days, failing which the stay lapses.
Under Order 42 Rule 6(2) the applicant must show substantial loss, no unreasonable delay, and give security. Though the applicant had not pleaded substantial loss, the respondent's means to refund the decretal sum were unknown, so execution could render the intended appeal nugatory. Guided by Butt v Rent Restriction Tribunal and the overriding objective (Sections 1A and 1B CPA), the court granted stay conditioned on security.
Legal principles established
#- An appeal may be admitted out of time if the appellant satisfies the court of good and sufficient cause for not filing in time (Section 79G, Civil Procedure Act).
- Extension of time is an equitable remedy available only to a deserving party at the court's discretion, assessed case by case.
- Substantial loss is the cornerstone of a stay of execution application under Order 42 Rule 6.
- Stay of execution only delays enjoyment of a judgment; delay is not denial.
Court orders
#- 1.The application dated 18th December, 2024 is merited and is hereby allowed
- 2.The applicant shall file the intended appeal within 60 days of this ruling and thereafter take a mention date for directions on the hearing and disposal of the appeal
- 3.Stay of execution granted on condition that the applicant shall within 30 days of the ruling deposit the entire decretal sum plus costs in court, failing which the stay shall automatically lapse
- 4.Costs shall abide with the appeal
- On appeal from
- Butali Chief Magistrate's Court (CM ELRC)
- Butali CMELRC 1 of 2018
- Jurisdiction invoked
- Sections 3A, 75, 78 & 79G of the Civil Procedure Act (Cap 21) and Order 50 Rule 6 of the Civil Procedure Rules, 2010; Rules 12 and 18 of the Employment and Labour Relations Court (Procedure) Rules, 2024
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Robinson Investments Limited v Jestine Nelima Makhanu[2026] KEELRC 2556 (KLR)25 Sept 2026
Cite this brief
#Cite this brief
Caselaw, "Frodak Kenya Limited v Simon (Miscellaneous Application E009 of 2024) [2025] KEELRC 1456 (KLR)", Case Analysis (2025). Misc Application No E009 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1456/eng@2025-05-15
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.