BM Security Limited v Kenya National Private Security Workers Union (Appeal E008 of 2026) [2026] KEELRC 1131 (KLR) (30 April 2026) (Ruling)

BM Security Limited v Kenya National Private Security Workers Union (Appeal E008 of 2026) [2026] KEELRC 1131 (KLR) (30 April 2026) (Ruling)

Appellant failed to establish that respondent would not be able to refund the decretal sum if appeal succeeds; respondent is reputable and recovery would not be difficult; duty to prove risk lies with appellant.

Citation
[2026] KEELRC 1131 (KLR)
Parties
Appellant: B.M. Security Limited; Respondent: Kenya National Private Security Workers Union; Grievant: Emmanuel Ibawalat Emase
Court
Employment and Labour Relations Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Appeal E008 of 2026
Procedural Posture
Appeal / Ruling on Stay of Execution Application
Outcome
application for stay of execution declined
Legal Topics
Stay of Execution, Compensation for Unfair Dismissal, Security for Decretal Sum
Source Language
English
Employment Law Labour Relations Stay of Execution Compensation for Unfair Dismissal Security for Decretal Sum

Case Brief

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Parties

B.M. Security Limited

Appellant

Kenya National Private Security Workers Union

Respondent

Emmanuel Ibawalat Emase

Grievant

Procedural Posture

Appeal / Ruling on Stay of Execution Application

Legal Issues

  1. 1 whether stay of execution should be granted pending appeal
  2. 2 whether respondent can refund decretal sum if appeal succeeds
  3. 3 duty to prove risk of substantial loss

Ratio Decidendi

Appellant failed to establish that respondent would not be able to refund the decretal sum if appeal succeeds; respondent is reputable and recovery would not be difficult; duty to prove risk lies with appellant.

Court Disposition

application for stay of execution declined

Orders

  • respondent at liberty to execute decree of trial court
  • respondent to retain decretal sum in trust for grievant until appeal is heard and determined