[2015] KEELRC 706 (KLR)
The court found that the respondent had demonstrated sufficient cause for the grant of a conditional stay of execution pending appeal. The court balanced the interests of both parties by requiring the respondent to deposit the decretal sum of Kshs. 3 million in a joint interest earning account within seven days as...
Source-derived case information.
- Citation
- [2015] KEELRC 706 (KLR)
- Parties
- Applicant: Kenya Engineering Workers Union; Respondent: Devki Steel Mills Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Cause 154 of 2013
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- conditional stay of execution granted pending appeal
- Legal Topics
- Stay of Execution, Terminal Dues, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Engineering Workers Union
Applicant
Devki Steel Mills Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the respondent is entitled to a stay of execution of the award pending appeal.
- 2 What conditions should be imposed for the grant of stay of execution.
Ratio Decidendi
The court found that the respondent had demonstrated sufficient cause for the grant of a conditional stay of execution pending appeal. The court balanced the interests of both parties by requiring the respondent to deposit the decretal sum of Kshs. 3 million in a joint interest earning account within seven days as security. This measure would safeguard the claimant's interests while allowing the respondent to pursue its appeal without the risk of the award being executed prematurely. The court held that failure to comply with the condition would result in the automatic lapse of the stay order, permitting the claimant to proceed with execution.
Court Disposition
conditional stay of execution granted pending appeal
Orders
- A conditional stay of execution pending appeal is allowed.
- The claimant union and the law firm of Maira & Ndegwa Advocates shall open a joint interest earning account within 7 days of this ruling.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE INDUSTRIAL COURT AT MOMBASA
CAUSE NUMBER 154 OF 2013
BETWEEN
KENYA ENGINEERING WORKERS UNION……………………………CLAIMANT
VERSUS
DEVKI STEEL MILLS LIMITED…………………..………………………RESPONDENT
Rika J
Court Assistant: Benjamin Kombe
Mr. Omolo Industrial Relations Officer for the Claimant
Mr. Matheka Advocate instructed by Maira & Ndegwa Advocates for the Respondent
___________________________________________________________________
RULING
The Court made an Award on 9th December 2014. It was ordered the Respondent, pays its Employees about Kshs. 3 million in terminal dues.
The Respondent filed a Notice of Appeal dated 18th March 2015, which was followed with an application for stay of execution of the Award, pending appeal.
Parties agreed to have the application considered and disposed of through written submissions.
Upon reading the application, affidavits and submissions;
And Upon hearing the Parties’ highlights on their respective position, the Court orders:-
Conditional stay of execution pending appeal is allowed.
The Claimant Union and the Law Firm of Maira & Ndegwa Advocates shall open a joint interest earning account within 7 days of this ruling.
The Respondent shall deposit the sum of Kshs. 3 million thereat, within the given 7 days, as the security for the grant of stay of execution.
In default, the order shall be deemed to automatically lapse, and the Claimant shall be at liberty to execute.
No order on the costs.
Dated and delivered at Mombasa this 27th day of July 2015.
James Rika
Judge