Wareng Nekoi Multipurpose Cooperative Society Limited v Ruto (Cause E025 of 2022) [2025] KEELRC 2824 (KLR)
The bottom line
#A Kenyan employment court paused enforcement of a judgment pending appeal, but only after ordering half the awarded money to be deposited as security.
What this practically means
#Executive summary
#Key legal issues
#Whether the threshold for stay of execution pending appeal under Order 42 rule 6(2) and the Court of Appeal principles was met
Yes - the Applicant demonstrated an arguable appeal, that the appeal would be rendered nugatory absent stay, and lodged the notice of appeal within time; stay granted on condition of security.
The court restated the twin principles from the Principal Secretary v KUPPET decision: arguable appeal and the appeal being rendered nugatory. It found the draft memorandum raised genuine arguable issues, that execution would expose the Applicant to substantial financial liability, and confirmed the notice of appeal filed on 21st January 2025 was within the 14-day window. It then required security of 50% of the decretal sum under Order 42 rule 6(2).
Whether the notice of appeal was lodged within the prescribed time
Yes - lodged on 21st January 2025, within 14 days of the judgment of 16th January 2025.
The court applied Rule 75 of the Court of Appeal Rules as read with Rule 4 on computation of time and found the notice of appeal timely. This disposed of the Claimant's objection that the application was brought outside the stipulated timeline.
Legal principles established
#- An applicant for stay of execution pending appeal must satisfy both the arguable appeal and nugatory-principle tests; satisfying only one is insufficient.
- An arguable appeal need not be one that will necessarily succeed; it is sufficient if it raises a bona fide issue deserving consideration by the appellate court.
- In appeals to the Court of Appeal, stay of execution may only be granted where a notice of appeal has been filed within 14 days of the date of judgment.
Court orders
#- 1.Application dated 29th January 2025 allowed in terms of prayer (d) - stay of execution of the judgment delivered on 16th January 2025 pending hearing and determination of the appeal to the Court of Appeal
- 2.Stay granted on condition that the Applicant shall provide security by way of deposit of one-half (50%) of the decretal sum in Court within thirty (30) days from the date of the ruling
- 3.Failure to comply with the condition shall automatically render the stay orders vacated, and the Claimant shall be at liberty to execute
- 4.Costs of the application to be borne by the Applicant
- Jurisdiction invoked
- Articles 50 and 159(a), (d) and (e) of the Constitution; Sections 3A and 63(e) of the Civil Procedure Act; Section 17 of the Employment & Labour Relations Court Act; Order 42 Rule 6 and Order 51 Rule 1, (3) and (4) of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wareng Nekoi Multipurpose Cooperative Society Limited v Ruto (Cause E025 of 2022) [2025] KEELRC 2824 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 29th January 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2824/eng@2025-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.