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ELRCDismissedEmployment and Labour Relations Cause No. 777 of 2019 (application dated 30th June 2025)· [2025] KEELRC 3760 (KLR)

Muigai v Kuku Foods Kenya Limited (Employment and Labour Relations Cause 777 of 2019) [2025] KEELRC 3760 (KLR)

Employment and Labour Relations Court
18 December 2025
1,607 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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Kuku Foods lost its bid to pause a KSh 1.7 million court award because its appeal was filed too late to legally exist.

What this practically means

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Executive summary

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The Respondent, Kuku Foods Kenya Limited, filed a Notice of Motion dated 30th June 2025 seeking leave for the firm of M/s Coulson Harney LLP Advocates to come on record after judgment in place of M/s SED Legal LLP Advocates, and a stay of execution of the judgment and decree in Employment and Labour Relations Cause No. 777 of 2019, in which the court, delivered on 8th May 2025 by Justice Mathews Nduma, awarded the Claimant Kshs. 1,699,297.60. The Claimant, Agata Wangari Muigai, opposed the application through a replying affidavit and submissions, arguing that although a notice of appeal was filed on 14th May 2025, the applicant failed to request typed proceedings and a certified judgment within 30 days as required by Rule 84(1) of the Court of Appeal Rules, 2022, making the request on 30th June 2025, three weeks out of time; the 60-day period for lodging the record of appeal expired on 13th July 2025, leaving no competent appeal capable of supporting a stay. She further argued that no substantial loss was demonstrated and no security was offered, citing Onyango v District Land Registrar, Fredrick Ojode, Vishram Ravji Halai and Mwaura Karuga. The applicant relied on Butt v Rent Restriction Tribunal and other authorities and disclosed that it had lodged an application for extension of time in the Court of Appeal (Civil Application No. E490 of 2025). The court held that the applicant's admissions left it without jurisdiction to grant stay pending an appeal not in existence, and dismissed the application with costs. However, the court granted M/s Coulson Harney LLP Advocates leave to come on record after judgment in terms of the consent letter dated 26th June 2025.

Key legal issues

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01

Existence of a competent appeal as a prerequisite for stay pending appeal

Holding

The court lacks jurisdiction to grant stay where the intended appeal is not in existence because the request for typed proceedings was filed out of time and the 60-day period for lodging the record of appeal expired.

Reasoning

The applicant admitted that its previous counsel failed to file the request for typed proceedings within 30 days of judgment, and could not file the memorandum and record of appeal within the 60 days expiring on 13/7/2025. Its own application for extension of time before the Court of Appeal confirmed the lapse. A stay application derives its life from a substantive appeal; none existed, so the court could not grant stay.

p. 4
02

Compliance with Order 42 Rule 6 conditions (substantial loss, delay, security)

Holding

The applicant did not demonstrate substantial loss, made the application after unreasonable delay in perfecting the appeal, and offered no security for due performance of the decree.

Reasoning

The claimant contended there was no concrete proposal for security and no demonstration of substantial loss, citing Vishram Ravji Halai and Mwaura Karuga. Although the applicant relied on Butt v Rent Restriction Tribunal and other authorities on the discretionary nature of stay, the court's determination turned on the absence of a competent appeal, making the Order 42 Rule 6 conditions moot.

p. 2

Legal principles established

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  • An application for stay of execution is ancillary to a substantive appeal; where the notice of appeal has lapsed for non-compliance with Rule 84(1) of the Court of Appeal Rules, the court has no jurisdiction to grant stay.

Court orders

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  1. 1.The application for stay of execution is dismissed with costs
  2. 2.The firm of M/s Coulson Harney LLP Advocates is granted leave to come on record after judgment in terms of the consent letter dated 26/6/2025
Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules, 2010 (stay of execution pending appeal)

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, "Muigai v Kuku Foods Kenya Limited (Employment and Labour Relations Cause 777 of 2019) [2025] KEELRC 3760 (KLR)", Case Analysis (2025). Employment and Labour Relations Cause No. 777 of 2019 (application dated 30th June 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3760/eng@2025-12-18

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