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ELRCDismissedNot stated in judgment (ELRC cause; judgment of Ndolo J dated 31st July 2025)

Lumumba v Keitt Exporters Limited (Cause E201 of 2022) [2025] KEELRC 3762 (KLR)

Employment and Labour Relations Court
15 December 2025
OMOnesmus Makau
1,092 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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A Kenyan employer lost its bid to pause a Kshs. 1.135 million award because its appeal notice was filed one day late.

What this practically means

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Executive summary

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This is a ruling of the Employment and Labour Relations Court at Nairobi (Onesmus Makau J) on a Notice of Motion dated 11th September 2025 by the Respondent, the judgment debtor in an employment cause. On 31st July 2025 Ndolo J had awarded the Claimant Kshs. 1,135,000/- for unlawful redundancy, comprising six months' salary as compensation, one month's salary in lieu of notice, two days' salary for February 2022 and severance pay. Aggrieved, the Respondent filed a Notice of Appeal and moved the court for stay of execution pending an intended appeal, offering to abide by reasonable conditions. The Claimant opposed, arguing the Notice of Appeal was filed out of time, that the Applicant was well able to pay, and that she had lost her income; she sought deposit of the whole decretal sum in a joint interest-earning account as a condition for any stay. The court identified the sole issue as whether the Applicant met the threshold for stay under Order 42 Rule 6 of the Civil Procedure Rules, whose conditions are existence of an appeal, absence of undue delay, substantial loss and offer of security. Because the Notice of Appeal, dated 11th August 2025, was lodged on 15th August 2025 - one day after the fourteen-day period under Rule 77(2) of the Court of Appeal Rules lapsed on 14th August 2025 - it was fatally defective and incompetent. Holding that a competent appeal is the lifeline of any stay application, the court declined to consider the other conditions and dismissed the Motion with costs.

Questions the Court framed

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

  1. 1.Whether the Applicant has met the legal threshold for granting stay of execution pending appeal, beginning with the existence of a competent appeal or Notice of Appeal

Key legal issues

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01

Whether the Applicant satisfied the threshold for stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules

Holding

The application failed at the first condition: there was no competent appeal because the Notice of Appeal was lodged out of the 14-day limitation period. The court therefore dismissed the Motion without considering substantial loss, delay or security.

Reasoning

Order 42 Rule 6 donates discretion to grant stay subject to four conditions: existence of an appeal, application without undue delay, substantial loss, and offer of security. The court held that the existence of an appeal is the lifeline of a stay application and must be proved first. Rule 77(2) of the Court of Appeal Rules mandatorily requires lodgment of a Notice of Appeal within fourteen days of the decision. Judgment was delivered on 31st July 2025, so the period lapsed on 14th August 2025; the Notice filed on 15th August 2025 was incompetent. The Applicant did not deny the late filing. Without a competent appeal, the stay application crumbled and the remaining conditions fell away.

p. 3

Legal principles established

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  • A Notice of Appeal must be lodged within fourteen days of the decision appealed from; a notice filed outside that mandatory period is fatally defective and incompetent.
  • Existence of a competent appeal or Notice of Appeal is a condition precedent to an application for stay of execution pending appeal; without it the application fails and the other conditions need not be considered.

Court orders

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  1. 1.The Notice of Motion dated 11th September 2025 seeking stay of execution pending appeal is dismissed with costs

The bench

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

OM
majority

Wrote the judgment

Jurisdiction invoked
Order 42 Rule 6 of the Civil Procedure Rules (stay of execution pending appeal)

Relief refused

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Stay of execution of the judgment and decree issued on 31st July 2025 (Kshs. 1,135,000/-) pending the intended appeal

The Notice of Appeal was filed on 15th August 2025, outside the 14-day period under Rule 77(2) of the Court of Appeal Rules, rendering it fatally defective and incompetent; without a competent appeal the stay application collapses

p. 3

Costs

The Notice of Motion dated 11th September 2025 dismissed with costs to the Claimant/Respondent.

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.

The existence of an appeal is the life line of any application for stay of execution of any impugned decision, without which the application crumbles.
p. 3Existence of competent appeal as condition precedent to stay
The Fourteen days period within which to file the Notice of Appeal lapsed on 14th August 2025 and therefore the Notice of Appeal filed on 15th August 2025 was outside the statutory period and was therefore fatally defective and incompetent by dint of Rule 77 (2) of the Court of Appeal Rules.
p. 3Mandatory 14-day period for lodging Notice of Appeal
Accordingly, I dismiss the Notice of Motion dated 11th September 2025 with costs.
p. 3Final orders - dismissal of the Motion

Issues in the judgment

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minor

Typographical error in the date of termination of employment

minor

Inconsistent dates given for the Notice of Appeal - described as dated 11th August 2025 but also as dated 11th August 2015

minor

Gender inconsistency in describing the parties - the Claimant is referred to as 'her' while paragraph 3 refers to 'He'

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, "Lumumba v Keitt Exporters Limited (Cause E201 of 2022) [2025] KEELRC 3762 (KLR)", Case Analysis (2025). Not stated in judgment (ELRC cause; judgment of Ndolo J dated 31st July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3762/eng@2025-12-15

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