[2020] KEELRC 155 (KLR)
The court found that the Motion dated 22 September 2020 was incompetent and without merit as it sought vague orders for stay of execution pending the hearing of the application inter partes, which is not the proper legal basis for such relief. Stay of execution is typically granted pending appeal, not pending the...
Source-derived case information.
- Citation
- [2020] KEELRC 155 (KLR)
- Parties
- Claimant: Benson Oyugi Ambuni; Respondent: Union of Kenya Civil Servants
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1060 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Stay of Execution
- Outcome
- Motion dated 22 September 2020 struck out as incompetent; interim stay of execution granted on condition; directions issued for further hearing.
- Judges
- MSA Makhandia
- Legal Topics
- Stay of Execution, Interlocutory Applications, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Oyugi Ambuni
Claimant
Union of Kenya Civil Servants
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Stay of Execution
Legal Issues
- 1 Whether the Motion dated 22 September 2020 seeking stay of execution pending hearing of the application inter partes was competent.
- 2 Whether the Respondent should be granted leave to amend its application to seek stay of execution pending appeal.
- 3 Whether interim stay of execution should be granted and on what conditions.
Ratio Decidendi
The court found that the Motion dated 22 September 2020 was incompetent and without merit as it sought vague orders for stay of execution pending the hearing of the application inter partes, which is not the proper legal basis for such relief. Stay of execution is typically granted pending appeal, not pending the hearing of an application. Recognizing the Respondent's error, the court struck out the defective Motion and directed the Respondent to serve the amended Motion dated 14 October 2020 on the Claimant. The court further granted an interim stay of execution, conditional upon the Respondent depositing the decretal sum into court by a specified date, to preserve the subject matter...
Court Disposition
Motion dated 22 September 2020 struck out as incompetent; interim stay of execution granted on condition; directions issued for further hearing.
Orders
- The Motion dated 22 September 2020 is struck out.
- The Respondent to serve the Motion dated 14 October 2020 and submissions upon the Claimant on or before 4 December 2020.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAIROBI
CAUSE NO. 1060 OF 2014
BENSON OYUGI AMBUNI................................CLAIMANT
v
UNION OF KENYA CIVIL SERVANTS......RESPONDENT
RULING
1. For determination is a Motion dated 22 September 2020 by Union of Kenya Civil Servants (the Respondent) seeking orders
1. …
2. THAT pending the hearing and determination of this application inter partes, this Honourable Court be pleased to issue orders staying the execution of the judgment delivered herein on 15th November 2019 and the decree extracted therefrom pending the hearing and determination of this application.
3. THAT this Honourable Court be pleased to issue any other order that it may deem fit and just to grant.
4. THAT costs of this application be provided for.
2. The Court gave directions on 29 September 2020.
3. Instead of complying, the Respondent filed another Motion dated 14 October 2020 seeking more time to comply and leave to amend the initial Motion to seek a stay of execution pending appeal.
4. The Motion dated 22 September 2020 was incompetent and without merit as it sought vague orders. Stay of execution is ordinarily granted pending appeal and not inter-partes hearing of an application.
5. The Respondent realised the error and this must have prompted the Motion dated 14 October 2020.
6. The Court, therefore, strikes out the Motion dated 22 September 2020 and directs
i. The Respondent serves the Motion dated 14 October 2020 together with submissions upon the Claimant on or before 4 December 2020.
ii. The Claimant to file and serve replying affidavit/grounds of opposition and submissions on or before 11 December 2020.
iii. The Motion be placed before a Judge in Nairobi on 14 December 2020 for further directions.
iv. In the meantime, an interim stay of execution pending further orders of the Court is allowed on condition the Respondent deposits the decretal sum into Court on or before the end of 7 December 2020.
7. Costs in the cause.
Delivered through e-filing portal, dated and signed in Kisumu on this 25th day of November 2020.
Radido Stephen
Judge
Appearances
For Claimant Mr. Mburu instructed by Munguru Mburu & Associates Advocates
For Respondent Mr. Onjoro instructed by Rachier & Amollo Advocates
Court Assistant Judy Maina/Chrispo Aura