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ELRCAllowedNotice of Motion dated 7th March 2025· [2025] KEELRC 1480 (KLR)

Kenya Concrete, Structural, Ceramic Tiles, Woodplys and Interior Design Worke v Intex Construction Limited; Kenya Building Construction Timber & Furniture Employees Union (Interested Party) (Employment and Labour Relations Cause E559 of 2020) [2025] KEELRC 1480 (KLR)

Employment and Labour Relations Court
20 May 2025
HWHellen Wasilwa
2,186 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Nairobi employment court paused enforcement of a judgment against an employer, but only after the employer deposits the full judgment amount in court within 30 days.

What this practically means

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Executive summary

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The Respondent/Applicant, an employer, filed a Notice of Motion dated 7th March 2025 seeking a stay of execution of the judgment delivered on 3rd December 2024 by Hon. Lady Justice Anna Ngibuini Mwaure, pending an intended appeal to the Court of Appeal. It argued that it had filed a Notice of Appeal timeously, that certified proceedings were still awaited, that it had already paid union dues for November 2023 to August 2024 amounting to Kshs. 4,240,000, that the employees concerned had been declared redundant, and that the Claimant union was threatening execution for a further Kshs. 1,035,000. It relied on Order 42 Rule 6(1) and (2) of the Civil Procedure Rules, asserting arguability of the appeal, absence of unreasonable delay, risk of substantial loss, and willingness to furnish security, citing Amoke Otieno Pascal v Melvin Anyango Owuor. The Claimant/Respondent union opposed, contending that stay would suspend the effect of Section 48 of the Labour Relations Act and breach employees' constitutional right to trade union membership, that dues keep accruing monthly, that payment only began after its director was cited for contempt, and that any refund claim could be pursued under Section 50 of the Act. The court, Hellen Wasilwa J, noted the Notice of Appeal had been filed and, to preserve the substratum of the appeal, allowed stay of execution on condition that the entire decretal sum be deposited in court within 30 days, failing which execution may proceed. Costs were in the cause.

Key legal issues

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01

Whether stay of execution pending intended appeal should issue

Holding

Stay granted conditionally on deposit of the entire decretal sum in court within 30 days, failing which execution may proceed.

Reasoning

The court noted a Notice of Appeal had been filed, meaning the applicant technically intends to appeal. Balancing the parties' positions, the judge found that preserving the substratum of the appeal required a stay, but only upon the security of the full decretal sum being deposited within 30 days, with execution to proceed on default. No substantial-loss analysis is spelled out in the ruling; the decision rests on the discretion under Order 42 Rule 6 conditioned on security.

p. 5

Legal principles established

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  • Stay of execution under Order 42 Rule 6 may be granted to preserve the substratum of an intended appeal, conditional on the applicant providing security by depositing the decretal sum in court.

Court orders

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  1. 1.Stay of execution of the judgment delivered on 3rd December 2024 granted on condition that the Applicant deposits the entire decretal sum in court within 30 days
  2. 2.In default of the deposit, execution may proceed
  3. 3.Costs in the cause
Jurisdiction invoked
Order 42 Rule 6(1) and (2) of the Civil Procedure Rules (stay of execution pending intended appeal)

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, "Kenya Concrete, Structural, Ceramic Tiles, Woodplys and Interior Design Worke v Intex Construction Limited; Kenya Building Construction Timber & Furniture Employees Union (Interested Party) (Employment and Labour Relations Cause E559 of 2020) [2025] KEELRC 1480 (KLR)", Case Analysis (2025). Notice of Motion dated 7th March 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1480/eng@2025-05-20

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