Wafula v Menengai Oil Refineries Limited (Cause E233 of 2024) [2026] KEMC 106 (KLR)
The bottom line
#A Nakuru court stopped enforcement of an employment judgment, but only because the losing party agreed to deposit the money awarded in a joint account.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the court to hear a stay of execution application pending appeal
The court has jurisdiction; rule 21(1) of the ELRC (Procedure) Rules 2024 designates no specific court and only requires the applicant to declare any similar application filed elsewhere, so the application could properly be lodged in this court.
The court examined rule 21 of the ELRC (Procedure) Rules 2024. Rule 21(2) requires a stay application to be filed in the appeal file, but rule 21(1) does not designate a specific court; it only requires the applicant to declare, in the verifying affidavit, whether a similar application has been lodged in any other court. Relying on this structure, the court held that such an application may be filed in any court provided the declaration is made, and therefore the objection based on lack of jurisdiction failed. The Claimant/Respondent's further point that no memorandum of appeal had been served did not defeat jurisdiction.
Whether the conditions for grant of stay of execution under Order 42 rule 6(2) were satisfied
The conditions were satisfied: substantial loss was shown, the application was made without unreasonable delay, and security was offered by way of deposit of the decretal sum.
Applying Order 42 rule 6(2) of the Civil Procedure Rules, the court found that the applicant had shown the Claimant/Respondent had not disclosed a stable source of income and might be unable to refund the decretal sum if the appeal succeeded. The applicant offered to deposit the decretal sum in a joint interest-earning account in the names of both advocates or in court, satisfying the security condition. The judgment was delivered on 24/02/2026 and the application/appeal lodged on 03/03/2026, showing no unreasonable delay. Stay was granted on those terms.
Legal principles established
#- An application for stay of execution pending appeal may be filed in any court provided that, under rule 21(1), the applicant declares in the supporting affidavit whether a similar application has been filed in any other court.
- An appeal does not operate as a stay of execution; a formal application for stay must be made to the court appealed from or the appellate court.
Court orders
#- 1.A stay of the judgement delivered on 24/02/2026 is granted pending the hearing of the appeal lodged before the Employment and Labour Relations Court
- 2.The decretal sum be deposited in a joint interest earning account in the names of both advocates
- 3.The deposit be made within 30 days from the date hereof
- 4.Costs to abide the outcome of the appeal
- Jurisdiction invoked
- Article 50(1) of the Constitution of Kenya; sections 3 and 12 of the Employment and Labour Relations Court Act; Rules 44 and 45 of the Employment and Labour Relations Court (Procedure) Rules, read with rule 21 of the ELRC (Procedure) Rules 2024 and Order 42 rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wafula v Menengai Oil Refineries Limited (Cause E233 of 2024) [2026] KEMC 106 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2026/106/eng@2026-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.