Modern Coast Coaches Limited v Ali (Miscellaneous Application E066 of 2025) [2025] KEELRC 2170 (KLR)
The bottom line
#Kenya's Employment Court refused Modern Coast's late appeal and stay of execution, ruling a five-month unexplained delay forfeits a judgment debtor's second chances.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to file an appeal out of time should be granted
Leave was refused. The appeal should have been filed by 20th October 2024 but the draft memorandum was only filed on 26th February 2025, an unjustified delay of about five months attributable to the applicant's laches.
The court applied Rule 18 of the ELRC (Procedure) Rules 2024, Section 79G of the Civil Procedure Act and Order 50 Rule 6 of the Civil Procedure Rules, and the Salat principles on extension of time. The applicant requested a certified copy of the judgment only on 24th October 2024, over a month after the judgment, and could not satisfactorily explain the delay. Prejudice to the respondent and the principle that litigation must come to an end weighed against extension.
Whether stay of execution pending appeal should be granted
Stay was refused. The applicant failed to show substantial loss, made the application after unreasonable delay, did not provide security, and did not comply with conditional stay orders granted on 18th March 2025.
Since the ELRC Rules are silent on conditions for stay, Order 42 Rule 6(2) of the Civil Procedure Rules applies. A conditional stay granted on 18th March 2025 (payment of auctioneer charges and deposit of the decretal sum in a joint interest-earning account within 30 days) was not complied with and lapsed. Following Charangu v Wanjeri, failure to comply with conditions vacates stay, and inordinate unexplained delay disentitles a party to the court's discretion. The respondent had earned the right to enjoy the fruits of judgment.
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party; the applicant must explain the delay to the satisfaction of the court, show the delay is not inordinate, and show the respondent will suffer no prejudice.
- An applicant for stay pending appeal must satisfy the conditions of substantial loss, absence of unreasonable delay and provision of security for due performance of the decree.
- Non-compliance with conditional orders of stay vacates the stay, and unexplained inordinate delay disentitles a party to the court's discretion.
Court orders
#- 1.The Notice of Motion application dated 26th February 2025 is dismissed
- 2.Costs of the application awarded to the respondent
- 3.Right of appeal granted
- Jurisdiction invoked
- Article 159 of the Constitution of Kenya; Sections 1A, 1B and 3A of the Civil Procedure Act; Rule 8 and Section 17 of the Employment and Labour Relations Act read with the Employment and Labour Relations Court (Procedure) Rules 2024; Order 51 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Modern Coast Coaches Limited v Ali (Miscellaneous Application E066 of 2025) [2025] KEELRC 2170 (KLR)", Case Analysis (2025). Notice of Motion dated 26th February 2025 (arising from Milimani CMEL E1156/2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2170/eng@2025-07-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.