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ELRCAllowedELRC Cause No. E823 of 2024· [2026] KEELRC 2459 (KLR)
Nigel Bright v Tractebel Engineering GmbH, formerly Lahmeyer International GmbH
Employment & Labour Relations Court of Kenya
21 September 2026
2,191 words in judgment
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·~9 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#The respondent, Tractebel Engineering GmbH, applied by Notice of Motion dated 18th June 2026 for a stay of proceedings in this employment cause pending its intended appeal to the Court of Appeal against a ruling of 28th May 2026 dismissing its preliminary objection. The objection had challenged the court's jurisdiction on grounds that the respondent was a foreign entity not properly before the court, that no employer-employee relationship existed as the claimant was an independent contractor, and that the claim was statute-barred under Section 90 of the Employment Act. The respondent argued the appeal was arguable, that jurisdiction and limitation go to the root of the claim, and that proceeding would render the appeal nugatory, relying on Imperial Bank v Alnashir Popat, Butt v Rent Restriction Tribunal and Global Tours & Travels. The claimant opposed, contending no appeal had been filed (only a Notice of Appeal), no prejudice would be suffered, and stay would impede access to justice, citing Kenya Wildlife Service v Mutembei and Mocha Hotel v Kwanza Estates. In a brief ruling, Justice Hellen Wasilwa held that the issues raised in the intended appeal on jurisdiction and limitation go to the root of the entire claim, and ordered a further stay of proceedings pending the appeal, with costs in the cause. The ruling is notably terse, adopting the 'Lilian S' authority without detailed analysis of the stringent test for stay urged by the claimant.
Key legal issues
#01
Whether stay of proceedings pending appeal was warranted
Holding
Stay granted because the intended appeal raises jurisdictional and limitation issues going to the root of the claim.
Reasoning
The court noted the applicant's intended appeal challenges jurisdiction and limitation, matters it considered fundamental to the competence of the entire claim. Invoking the 'Lilian S' case, it concluded that proceeding could render the appeal nugatory and adopted the Imperial Bank test on sufficient cause and delay, finding the application timely and the grounds arguable.
p. 11
Legal principles established
#- Where the issues raised in an intended appeal go to the root of the entire claim, the trial court may stay its own proceedings pending the appeal.
Court orders
#- 1.Further stay of this court's proceedings pending the hearing and determination of the appeal before the Court of Appeal
- 2.Costs in the cause
- Jurisdiction invoked
- Section 12 of the Employment and Labour Relations Court Act; Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nigel Bright v Tractebel Engineering GmbH, formerly Lahmeyer International GmbH", Case Analysis (2026). ELRC Cause No. E823 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2459/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.