[2022] KEELRC 12871 (KLR)
The court found that the reasons advanced by the Respondent/Applicant—namely, the size of the decretal sum and the Respondent's parastatal status—were insufficient to warrant a reduction in the security to be deposited. The decretal sum arose from a valid judgment, and the interests of justice required that the...
Source-derived case information.
- Citation
- [2022] KEELRC 12871 (KLR)
- Parties
- Applicant: Tom Franx Mzaliwa Osiro; Respondent: Kenya Power & Lighting Co. Ltd.
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause 1938 of 2017
- Procedural Posture
- Stay Application / Ruling on Security for Stay Pending Appeal
- Outcome
- Application for partial security dismissed; full security ordered as condition for stay.
- Judges
- L Ndolo
- Legal Topics
- Stay of Execution, Security for Decretal Sum, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tom Franx Mzaliwa Osiro
Applicant
Kenya Power & Lighting Co. Ltd.
Respondent
Procedural Posture
Stay Application / Ruling on Security for Stay Pending Appeal
Legal Issues
- 1 Whether the Respondent/Applicant should be ordered to deposit the entire decretal sum or only 50% as security pending appeal.
- 2 Whether the reasons advanced by the Respondent/Applicant justify partial security.
Ratio Decidendi
The court found that the reasons advanced by the Respondent/Applicant—namely, the size of the decretal sum and the Respondent's parastatal status—were insufficient to warrant a reduction in the security to be deposited. The decretal sum arose from a valid judgment, and the interests of justice required that the entire amount be secured to protect the Claimant/Respondent's rights pending appeal. Accordingly, the Respondent/Applicant was ordered to deposit the entire decretal sum in an interest-earning account in the joint names of the parties' advocates within 45 days, failing which the stay would lapse automatically and the Claimant/Respondent would be at liberty to execute the judgment.
Court Disposition
Application for partial security dismissed; full security ordered as condition for stay.
Orders
- The Respondent/Applicant is directed to deposit the entire decretal sum in an interest earning account in the joint names of the parties’ Advocates within 45 days from the date of the ruling.
- Failure to comply with this condition will lead to an automatic lapse of the stay granted and the Claimant/Respondent will be at liberty to execute without further orders.
Full Case Text
Judgment text and source record
18 paragraphs
Osiro v Kenya Power and Lighting Co. Ltd (Cause 1938 of 2017) [2022] KEELRC 12871 (KLR) (25 May 2022) (Ruling)
Neutral citation: [2022] KEELRC 12871 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause 1938 of 2017
L Ndolo, J
May 25, 2022
Between
Tom Franx Mzaliwa Osiro
Claimant
and
Kenya Power & Lighting Co. Ltd.
Respondent
Ruling
1. I have heard submissions by Counsel. From the submissions it emerges that the only point of departure has to do with the quantum of security to be deposited pending appeal. The Respondent/Applicant states that it is willing to deposit 50% of the decretal sum while the Claimant/Respondent asks the court to order that the entire decretal sum be deposited in court.
2. The reasons given by the Respondent/Applicant for its position is that the decretal sum is colossal and that the Respondent is a parastatal. With tremendous respect, these reasons cannot form the basis for the orders sought by the Respondent/Applicant. The decretal sum arises from a valid judgment of the Court delivered by Makau Judge on 19. 11. 2021.
3. In the circumstances the Respondent/Applicant is directed to deposit the entire decretal sum in an interest earning account in the joint names of the parties’ Advocates within the next 45 days from the date hereof. Failure to comply with this condition will lead to an automatic lapse of the stay hereby granted and the Claimant/Respondent will be at liberty to execute without any further orders.
DATED AT NAIROBI THIS 25TH DAY OF MAY 2022LINNET NDOLOJUDGEAppearance:Mr. Ochieng for the Respondent/ApplicantMr. Arusei for Claimant/Respondent