Nyambu v Consolbase Limited (Cause 63 of 2019) [2025] KEELRC 1932 (KLR)
The bottom line
#A Kenyan employment court refused to pause a judgment's execution because the losing company never actually filed its appeal in time.
What this practically means
#Executive summary
#Key legal issues
#Whether stay of execution pending intended appeal should be granted
Stay refused because no Notice of Appeal or appeal was filed despite the 30-day stay granted at judgment; the intention to appeal is bare
The court had granted a 30-day stay on 31 January 2025 to enable the parties to exercise their right of appeal under section 17 of the Employment and Labour Relations Court Act. That period lapsed with neither a Notice of Appeal nor an appeal filed. With no appeal on foot, the foundation for the stay application was absent, and the court found no justified reasons to stay execution.
Whether the ELRC has jurisdiction to grant leave to appeal out of time to the Court of Appeal
The court found no jurisdiction; extension of time for an appeal to the Court of Appeal must be sought under the Court of Appeal rules
The respondent relied on Rule 18 of the ELRC (Procedure) Rules, but those rules govern only appeals from subordinate courts to the ELRC. For an intended appeal to the Court of Appeal, leave and extension of time must comply with the Court of Appeal rules, as laid down in Salat and Fahim Yasin Twaha. The application was therefore misconceived.
The claimant's objection that the deponent lacked authority
The judgment does not expressly resolve the objection regarding lack of a company resolution authorising the deponent
The claimant contended the application was an abuse of process and that Sauda Said had no authority to swear the affidavit absent a company resolution. The determination section does not make an express finding on this point; dismissal proceeded on the lack of basis for stay and want of jurisdiction over the extension request.
Legal principles established
#- An application for stay pending intended appeal fails where no Notice of Appeal or appeal has been filed and the intention to appeal remains bare
- The ELRC Rules invoked apply only to appeals from subordinate courts to the ELRC, not to intended appeals to the Court of Appeal
- Leave to file an appeal out of time concerning a court's judgment must comply with the Court of Appeal rules
Court orders
#- 1.The application dated 26 March 2025 is dismissed
- 2.The respondent to bear the costs of the application
- Jurisdiction invoked
- Employment and Labour Relations Court Act, section 17; Employment and Labour Relations (Procedure) Rules, Rules 18, 21, 45 and 8
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nyambu v Consolbase Limited (Cause 63 of 2019) [2025] KEELRC 1932 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 26 March 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1932/eng@2025-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.