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ELRCOther· [2025] KEELRC 2480 (KLR)
Kenya Petroleum Oil Workers Union v Owi (Appeal E069 of 2025) [2025] KEELRC 2480 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The Employment Court declined to rule on a stay of execution application because the appeal judgment was due within days, making the request pointless.
What this practically means
#Executive summary
#The appellant, George Okoth, moved the court by Notice of Motion dated 10th March 2025 seeking a stay of execution of the judgment and consequential orders delivered on 12th February 2025 in MCELRC Cause No. E1961 of 2021 by Honourable A.N. Ogonda (PM), pending the hearing and determination of his intended appeal. The application, supported by an affidavit of the appellant, was grounded on the claim that the appeal had a high chance of success and risked being rendered nugatory without a stay; the appellant offered a bank guarantee of Kshs 757,862/- or reasonable security. The respondent opposed the application through a replying affidavit dated 13th March 2025, proposing instead that the full decretal sum be deposited into a joint interest-earning account held by both parties' advocates, and later filed a further affidavit. Parties filed written submissions, and the court granted an interim stay of execution pending judgment in the appeal, with judgment set for 26th September 2025. Delivering its ruling on 18th September 2025, J.W. Keli, Judge, held that the application had been overtaken by events given the imminent delivery of the appeal judgment, marked it as overtaken by events, and awarded the respondent costs for having filed a response while the interim orders were in force until the judgment date. No authorities or statutes were cited in the ruling.
Key legal issues
#01
Whether a stay of execution application remains live where the appeal judgment is imminent
Holding
The application was overtaken by events and marked as such, with costs to the respondent
Reasoning
The court observed that the appeal judgment was due for delivery on 26th September 2025, making a ruling on the stay pending that judgment unnecessary. Interim stay orders had already been granted and would run until the judgment date. The respondent was nonetheless entitled to costs for having filed a response to the application during the period the interim orders were in force.
p. 2
Legal principles established
#Court orders
#- 1.The application dated 10th March 2025 seeking stay of execution pending hearing and determination of the appeal is marked as overtaken by events
- 2.Costs of the application awarded to the respondent
- On appeal from
- Magistrates Court (Employment and Labour Relations)
- MCELRC Cause No. E1961 of 2021
- Jurisdiction invoked
- Appellate jurisdiction of the Employment and Labour Relations Court over appeals from the subordinate court (stay of execution pending appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Petroleum Oil Workers Union v Owi (Appeal E069 of 2025) [2025] KEELRC 2480 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2480/eng@2025-09-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.