Gitari (Suing as the Legal Representative of the Estate of the Late Felix Gitari Mbiuki) v Laban & another (Cause E957 of 2022) [2025] KEELRC 2249 (KLR)
The bottom line
#The Employment Court refused to pause a Machakos County Assembly employment case pending appeal, ruling the applicant's fears of loss were speculative and justice demands speedy hearings.
What this practically means
#Executive summary
#Key legal issues
#Whether the threshold for stay of proceedings pending appeal was met
The application failed: no substantial loss shown, fears were speculative, and a stay would delay expeditious disposal of a suit filed nearly three years earlier
Order 42 Rule 6(1) requires demonstration of substantial loss, filing without unreasonable delay, and security. The Court, guided by Global Tours & Travels, weighed the pros and cons in the interest of justice. It found the Applicant's claim that the estate would lose its home was mere apprehension without foundation, since the Counterclaim had not been heard and any adverse determination would remain appealable. A stay would prejudice both parties by prolonging litigation, so the application was dismissed with no orders as to costs.
Legal principles established
#- Whether to grant a stay of proceedings pending appeal is a matter of judicial discretion exercised in the interest of justice, weighing pros and cons including expeditious disposal, arguability of the appeal and expedition of the application
- A court dealing with an application to stay proceedings cannot determine whether the intended appeal has merits; that is for the appellate court
Court orders
#- 1.The Application dated 25th November 2024 is found to be without merit and is dismissed with no orders as to costs
- Jurisdiction invoked
- Order 42 Rule 6(1) of the Civil Procedure Rules; inherent jurisdiction of the ELRC to regulate its proceedings pending appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gitari (Suing as the Legal Representative of the Estate of the Late Felix Gitari Mbiuki) v Laban & another (Cause E957 of 2022) [2025] KEELRC 2249 (KLR)", Case Analysis (2025). Employment and Labour Relations Court at Nairobi, Cause No. E957 of 2022 (Notice of Motion dated 25th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2249/eng@2025-07-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.