Muganda v Brookside Dairy Limited & 2 others (Petition E002 of 2025) [2025] KEELRC 2242 (KLR)
The bottom line
#A Kisumu employment court refused to stop a judgment, ruling that wanting to appeal alone is not enough to halt proceedings.
What this practically means
#Executive summary
#Key legal issues
#Whether the threshold for stay of proceedings/arrest of judgment was met
The application failed; the applicant did not demonstrate exceptional circumstances or that the appeal would be rendered nugatory, and had not even shown a pending appeal (no Memorandum of Appeal, draft, or Notice of Appeal served)
The court applied the high and stringent test for stay of proceedings, which seriously interferes with a litigant's right to conduct litigation and access to justice. Under Order 42 Rule 6, an appeal per se does not operate as a stay. The applicant filed the motion 10 days after agreeing to the impugned directions, failed to show prejudice, and could have responded to the new documents or sought their expunction. Substantive justice under Article 159(2)(c) favoured proceeding to judgment.
Whether the leave granted on 17th June, 2025 to the respondents to file a Replying Affidavit and documents was irregular
No; amendment of pleadings is statutory and may be allowed at any stage, and leave was granted to both parties, preserving the Petitioner's right to respond
Rule 34 of the ELRC (Procedure) Rules, 2024 and Order 8 Rule 3(1) of the Civil Procedure Rules permit amendment with leave at any stage. The amendment sought was to replace a witness statement with a Replying Affidavit, the proper mode of adducing documentary evidence in Petitions. Counsel for the Petitioner initially objected but then agreed, and leave was granted to both parties. The Petitioner could have filed a supplementary affidavit, supplementary submissions, or sought expunction of objectionable documents but chose not to.
Legal principles established
#- Stay of proceedings is a grave judicial action with a high and stringent threshold; an appeal per se is not sufficient to stay proceedings
- A party may amend pleadings with leave of the court at any stage of the proceedings, including after close of pleadings
- An amendment to pleadings can be done at any time before delivery of judgment
Court orders
#- 1.The application dated 27th June, 2025 is disallowed
- 2.Parties shall bear their own costs
- Jurisdiction invoked
- Order 42 Rule 6 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muganda v Brookside Dairy Limited & 2 others (Petition E002 of 2025) [2025] KEELRC 2242 (KLR)", Case Analysis (2025). ELRC Petition No. E002 of 2025 - Notice of Motion dated 27th June, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2242/eng@2025-07-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.