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ELRCPartially AllowedELRC Cause No. E015 of 2024· [2026] KEELRC 2768 (KLR)
John Kennedy Matete v The Vice Chancellor (Administration) Kenyatta University & another
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·~16 min to read original · ~4 min briefThe bottom line
#A Kenyatta University employee won temporary protection from eviction pending appeal, but only if he keeps paying rent and clears all arrears within 60 days.
What this practically means
#Executive summary
#This is a ruling by Wasilwa J of the Employment and Labour Relations Court at Nairobi on a Notice of Motion dated 17th March 2026 by John Kennedy Matete, a former employee of Kenyatta University, seeking stay of execution and injunctive relief restraining the Respondents from proclaiming, attaching, levying distress or evicting him from House No. 12 Uganda Crescent pending his appeal (Civil Appeal No. E964 of 2025) against the judgment of Rutto J of 25th July 2025 dismissing his employment claim. The Applicant, a person with disabilities, complained of a unilateral deduction of Kshs. 380,837 from his gratuity and a notice to offset rent arrears. The Respondents opposed, arguing material non-disclosure of paragraph 54 of the judgment (which found the rent arrears were settled from sums due to him with his knowledge), inordinate delay of eight months, failure to meet the Order 42 Rule 6(2) conditions, prior refusal of identical relief by the Rent Restriction Tribunal, and that the Court was functus officio. The court, in a brief ruling, granted the stay conditionally: the Applicant must continue paying rent as it falls due and clear all accrued arrears within 60 days, failing which the stay stands vacated. Costs were ordered to abide the outcome of the appeal. The court did not expressly rule on the jurisdictional objections.
Key legal issues
#01
Whether to grant stay/injunction pending appeal against eviction and distress for rent arrears
Holding
Stay granted conditionally to avoid rendering the appeal nugatory, conditioned on payment of rent and arrears within 60 days
Reasoning
The court noted the applicant had filed an appeal against the judgment of Rutto J dismissing his claim. To preserve the substratum of the appeal, the court granted stay but conditioned it on the applicant continuing to pay rent and clearing accrued arrears, with 60 days to pay, failing which the stay would be vacated.
p. 19
Legal principles established
#- A stay of a court's judgment pending appeal may be granted conditionally, requiring the applicant to keep paying rent and clear accrued arrears, failing which the stay lapses
Court orders
#- 1.Stay orders granted restraining the Respondents from evicting the Applicant from House No. 12 Uganda Crescent pending appeal, on condition that the Applicant continues to pay rent when due and pays all accrued rent arrears
- 2.Applicant given 60 days to pay off the arrears, in default of which the stay orders stand vacated
- 3.Costs to abide the outcome of the appeal
- Jurisdiction invoked
- Inherent jurisdiction of the ELRC to grant stay of its own judgment pending appeal (Order 42 Rule 6(2) Civil Procedure Rules applied mutatis mutandis)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "John Kennedy Matete v The Vice Chancellor (Administration) Kenyatta University & another", Case Analysis (2026). ELRC Cause No. E015 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2768/eng@2026-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.