https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/1461
The court granted stay because the appellant moved expeditiously and the memorandum of appeal raised an arguable issue, particularly the trial court’s award of overtime amounting to Kshs. 702,295, which was the largest item in the judgment.
Source-derived case information.
- Citation
- [2026] KEELRC 1461 (KLR)
- Parties
- Appellant: INSIGHT MANAGEMENT CONSULTANTS LIMITED; Respondent: JACKSON ODHIAMBO OKWANY
- Court
- Employment and Labour Relations Court
- Jurisdiction
- Kenya
- Case Number
- Appeal E012 of 2026
- Procedural Posture
- Employment and Labour Relations Court Appeal; Application for Stay of Execution Pending Appeal / Ruling on Stay Application
- Outcome
- Application allowed
- Judges
- ["J Rika"]
- Legal Topics
- Stay of Execution, Arguable Appeal, Timeliness, Overtime Claim, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
INSIGHT MANAGEMENT CONSULTANTS LIMITED
Appellant
JACKSON ODHIAMBO OKWANY
Respondent
Procedural Posture
Employment and Labour Relations Court Appeal; Application for Stay of Execution Pending Appeal / Ruling on Stay Application
Legal Issues
- 1 Whether the application for stay of execution was filed without delay
- 2 Whether the intended appeal was arguable
- 3 Whether stay of execution should be granted pending appeal
Ratio Decidendi
The court granted stay because the appellant moved expeditiously and the memorandum of appeal raised an arguable issue, particularly the trial court’s award of overtime amounting to Kshs. 702,295, which was the largest item in the judgment.
Court Disposition
Application allowed
Orders
- The application filed by the Appellant dated 2nd March 2026 is allowed.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE EMPLOYMENT AND LABOUR** **RELATIONS COURT AT NAKURU** **APPEAL NUMBER EO12 OF 2026** **BETWEEN** INSIGHT MANAGEMENT CONSULTANTS LIMITED ………………………………………………………………APPELLANT **AND** JACKSON ODHIAMBO OKWANY …………………………………………………. RESPONDENT **RULING** 1. Judgment in the Trial Court was made in favour of the Respondent on 22nd January 2026, in the sum of Kshs. 1,079,259. 2. The Appellant filed the Memorandum of Appeal dated 20th February 2026. It also made an application under certificate of urgency, dated 2nd March 2026, for stay of execution of Judgment / Decree, pending hearing and determination of the Appeal. 3. An interim order of stay of execution was granted on 3rd March 2026. Parties were directed to file and exchange written submissions, which they confirmed to have done, at the last mention on 17th April 2026. **The Court Finds**: - 1. The Appellant acted expeditiously, in filing its Appeal, and in taking steps to prosecute the Appeal. The Application for stay of execution was filed without delay. 2. The Memorandum of Appeal establishes the presence of an arguable Appeal. The Court would in particular wish to hear the Parties, on the grant of overtime by the Trial Court, which was made in the sum of Kshs. 702,295, comprising the highest single item awarded by the Trial Court. The Appeal is arguable. **IT IS ORDERED**: - 1. ***The application filed by the Appellant dated 2nd March 2026 is allowed.*** 2. ***No order on the costs*** Dated, signed and delivered electronically at Nakuru, under Rule 68 [5] of the E&LRC [Procedure} Rules, 2024, this 29th day of May 2026. James Rika Judge 