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ELRCAllowedStay application dated 19th May, 2025 in appeal from MCELRC No. 2053 of 2022 (Rayori Isaac Mangana vs University of Nairobi)

University of Nairobi v Mangana (Employment and Labour Relations Appeal E145 of 2025) [2025] KEELRC 2768 (KLR)

Employment and Labour Relations Court
9 October 2025
2,125 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan court paused enforcement of a KSh 3.2 million award against the University of Nairobi, exempting it from depositing security because it is a public institution.

What this practically means

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Executive summary

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The appellant, University of Nairobi, applied under Rule 21 of the ELRC (Procedure) Rules 2024 for a stay of execution of the judgment and decree of 17th April, 2025 delivered by Hon. T.M Olando (PM) in MCELRC No. 2053 of 2022, awarding the respondent Kshs 3,195,398.12 with costs and interest as gratuity for 34 years of service. The appellant argued that the trial court erred in finding the respondent entitled to gratuity under the 2013-2017 CBA for the period from 9th November, 1987 to 27th November, 2021; that the interim 30-day stay had lapsed; that execution could attach its assets despite its statutory mandate; and that paying substantial public funds would contravene Article 232(1)(b) of the Constitution. The respondent opposed, contending no substantial loss was demonstrated, the money decree was refundable, and the application was a delaying tactic, proposing alternatively a split deposit of the decretal sum. Applying Order 42 Rule 6 of the Civil Procedure Rules, the court found the conditions satisfied: substantial loss was shown because the respondent's ability to refund was not demonstrated and the appeal disclosed triable issues on the retrospective application of the CBA; the application was filed three days after the lapse of the interim stay, a reasonable period; and as a public institution the appellant was exempt from depositing security under Order 42 Rule 8, following Teachers Service Commission v Benson Kuria Mwangi. The application was allowed with a stay of execution pending appeal, the appellant ordered to file the record of appeal within 30 days, mention on 8th December, 2025, and costs in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the appellant has satisfied the conditions for grant of a stay of execution of the judgment and decree of 17th April, 2025 pending appeal, namely substantial loss, application made without unreasonable delay, and security for costs

Key legal issues

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01

Whether substantial loss would result if stay is not granted

Holding

Substantial loss was established because the respondent's ability to refund the decretal sum if the appeal succeeds was not demonstrated, and there were triable issues on whether the CBA applies retrospectively to gratuity

Reasoning

The court applied the test in James Wangalwa that mere execution does not amount to substantial loss. However, since the respondent had not shown he could refund the decretal sum of Kshs 3,195,398.12, the appeal risked being rendered nugatory. The memorandum of appeal disclosed triable issues on retrospective application of the 2013-2017 CBA to gratuity for service from 1987 to 2021, justifying preservation of the decretal sum pending appeal.

p. 4
02

Whether the application was made without unreasonable delay

Holding

The application was made within a reasonable period

Reasoning

The trial court had granted an interim stay of 30 days from 17th April, 2025, which lapsed on 16th May, 2025, and the application was filed on 19th May, 2025, only three days later, which the court found to be a reasonable period.

p. 4
03

Whether the appellant, a public university, should deposit security for costs

Holding

The appellant, being a public institution, should not be compelled to deposit security for costs

Reasoning

Order 42 Rule 8 of the Civil Procedure Rules exempts the Government and public officers sued in official capacity from providing security. The court followed its own earlier decision in Teachers Service Commission v Benson Kuria Mwangi, holding that a public institution paying from public funds need not deposit security, and the decretal sum is assured if the appeal fails.

p. 5

Legal principles established

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  • No order for stay of execution shall be made unless substantial loss may result to the applicant, the application is made without unreasonable delay, and security for due performance of the decree is given
  • A public institution sued in respect of its official acts is not required to deposit security by virtue of Order 42 Rule 8 of the Civil Procedure Rules

Court orders

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  1. 1.Stay of execution of the judgment and decree delivered on 17th April, 2025 in MCELRC No. 2053 of 2022 granted pending appeal
  2. 2.The appellant to file the record of appeal within 30 days of the order or be at liberty to apply and show reasonable cause why the appeal has not been filed
  3. 3.Mention on 8th December, 2025 to confirm compliance and/or further orders
  4. 4.Costs shall be in the cause

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

On appeal from
Magistrates' Court (ELRC)
MCELRC No. 2053 of 2022
Jurisdiction invoked
Rule 21 of the Employment and Labour Relations Court (Procedure) Rules 2024; Order 42 Rule 6 of the Civil Procedure Rules

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the interest of justice having looked at the grounds in the memorandum of appeal this court gives the Applicant a chance to have his appeal first heard and determined. This will avoid rendering the appeal nugatory.
p. 4substantial loss and nugatory appeal
a. The Applicant is ordered to file the record of Appeal in the court within 30 days of this order and or be at liberty to apply and show reasonable cause why such appeal has not been filed.
final orders - record of appeal
c. Costs shall be in the cause.
p. 5costs
The application is therefore found with merit and is allowed in the following terms:
p. 5disposition

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "University of Nairobi v Mangana (Employment and Labour Relations Appeal E145 of 2025) [2025] KEELRC 2768 (KLR)", Case Analysis (2025). Stay application dated 19th May, 2025 in appeal from MCELRC No. 2053 of 2022 (Rayori Isaac Mangana vs University of Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2768/eng@2025-10-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.