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Case Brief · caselaw.co.ke
ELRCPartially AllowedCivil Appeal No. E023 of 2026

Pamtac Kenya Limited v Simon Mwangi Mareru

Employment and Labour Relations Court of Kenya at Machakos
18 September 2026
2,277 words in judgment
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The bottom line

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A Kenyan employment appeal court paused enforcement of a Kshs. 982,755 judgment, but only after the employer deposits half the money in court.

What this practically means

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Executive summary

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Pamtac Kenya Limited appealed against a judgment of the Magistrate Court at Mavoko (ELRC Case No. E026 of 2024, Barbara Ojoo CM, dated 13th May 2026) awarding Simon Mwangi Mareru a certificate of service and terminal dues of Kshs. 982,755 for unpaid November 2023 salary, unpaid annual leave, service pay and unpaid overtime. By Notice of Motion dated 20th May 2026, the appellant sought stay of execution pending appeal, directions on the appeal, and costs, contending the appeal would be rendered nugatory, was meritorious, and that it was willing to abide by conditions. The respondent opposed, arguing no arguable appeal, no demonstrated substantial loss, and no security; he sought deposit of the entire decretal sum of Kshs. 1,111,032.17. Justice Jemimah Keli held that since the ELRC (Procedure) Rules 2024 are silent on the conditions for stay, Order 42 Rule 6(2) of the Civil Procedure Rules applies: substantial loss, absence of unreasonable delay, and security. She found arguable points on service pay where the respondent was allegedly under NSSF and on the burden of proving overtime; the appeal and application were filed within 30 days without delay; and the respondent did not rebut the assertion that he could not refund the decretal sum if the appeal succeeded. Security was held mandatory, fixed at half the decretal sum. The court allowed the application, granting a conditional stay, ordered directions, awarded costs of the application to the respondent, and directed that the ruling apply to Machakos ELRCA No. E024 of 2026 for judicial economy, with mention on 16th October 2026.

Key legal issues

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01

Substantial loss and delay

Holding

The applicant established risk of the appeal being rendered nugatory and filed the application without delay

Reasoning

The appeal was filed within 30 days and the application brought without unreasonable delay. The respondent did not rebut the applicant's assertion that he could not refund the decretal amount if the appeal succeeded, establishing the risk of nugatory appeal required under Order 42 Rule 6(2).

p. 8
02

Security for due performance of the decree

Holding

Security is mandatory; half the decretal sum deposited in court within 30 days suffices

Reasoning

The applicant asked the court to dispense with security and instead expedite the appeal, but the court agreed with the respondent that security is mandatory. Balancing the arguable grounds of appeal against the mandatory requirement, the court fixed half the decretal sum as sufficient security.

p. 8
03

Arguability of the appeal

Holding

The memorandum of appeal raises arguable points

Reasoning

On perusal of the memorandum, the court found arguable points, specifically the grant of service pay where the respondent was allegedly covered under NSSF and the burden of proof of overtime awarded for the period of service and payable salary.

p. 7

Legal principles established

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  • Where the ELRC (Procedure) Rules are silent on conditions for stay pending appeal, Order 42 Rule 6(2) of the Civil Procedure Rules fills the lacuna
  • Furnishing security for the decretal sum is mandatory for a stay of execution pending appeal
  • Stay discretion should be exercised so as not to render a successful appeal nugatory

Court orders

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  1. 1.Stay of execution of the judgment delivered by the Mavoko Magistrate Court on 13th May 2026 pending hearing and determination of the appeal, on condition that half the decretal amount is deposited in court within 30 days, in default the stay to lapse
  2. 2.Parties to take directions on the appeal
  3. 3.Costs of the application to the Respondent
  4. 4.The decision to apply in Machakos ELRCA No. E024 of 2026 (Pamtac Kenya Limited v Tonny Ngali Valasa) for judicial economy
  5. 5.Mention on 16th October 2026 for further directions in the appeal
On appeal from
Magistrate Court at Mavoko (ELRC)
ELRC Case No. E026 of 2024
Jurisdiction invoked
Appellate jurisdiction over appeals from the Magistrate Court; application under Sections 1A, 1B, 3, 3A and 34 of the Civil Procedure Act, Order 42 Rule 6 & 7 and Order 51 Rule 1 of the Civil Procedure Rules, Section 38 of the Small Claims Court Act and Article 159 of the Constitution

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, "Pamtac Kenya Limited v Simon Mwangi Mareru", Case Analysis (2026). Civil Appeal No. E023 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2547/eng@2026-09-18

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