[2025] KEELRC 1139 (KLR)
The court found that, given the existence of a series of similar appeals and the fact that conditional stays had already been granted in related matters, it was prudent and consistent with the overriding objective to grant a stay of execution in this appeal as well. The stay was made conditional upon the appellant...
Source-derived case information.
- Citation
- [2025] KEELRC 1139 (KLR)
- Parties
- Appellant: Parapet Limited; Respondent: Thomas Gekonde Onchiri
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Appeal E123 of 2024
- Procedural Posture
- Civil Appeal / Stay of Execution Pending Appeal
- Outcome
- Conditional stay of execution granted pending appeal.
- Judges
- K Ocharo
- Legal Topics
- Stay of Execution, Appeal Procedure, Employee Employer Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Parapet Limited
Appellant
Thomas Gekonde Onchiri
Respondent
Procedural Posture
Civil Appeal / Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the decree pending the hearing and determination of the appeal.
- 2 Whether the conditions for granting a stay of execution have been met.
Ratio Decidendi
The court found that, given the existence of a series of similar appeals and the fact that conditional stays had already been granted in related matters, it was prudent and consistent with the overriding objective to grant a stay of execution in this appeal as well. The stay was made conditional upon the appellant depositing the decretal sum in court within a specified period, failing which execution would proceed. The court emphasized the need for uniformity and efficiency in handling related appeals and directed focus towards the substantive hearing of the appeal.
Court Disposition
Conditional stay of execution granted pending appeal.
Orders
- There shall be a stay of execution of the decree in Mombasa MCC-ELRC No. 740 of 2021 pending the hearing and determination of the appeal, subject to the appellant depositing KShs. 627,100 in court within 45 days.
- In the event of default in depositing the sum, execution to proceed.
Full Case Text
Judgment text and source record
19 paragraphs
Parapet Limited v Onchiri (Appeal E123 of 2024) [2025] KEELRC 1139 (KLR) (27 March 2025) (Ruling)
Neutral citation: [2025] KEELRC 1139 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Mombasa
Appeal E123 of 2024
K Ocharo, J
March 27, 2025
Between
Parapet Limited
Appellant
and
Thomas Gekonde Onchiri
Respondent
Ruling
1. The Appellant/ Applicant, through the application dated 26th September 2024, seeks for stay of execution of the decree in Mombasa MCC-ELRC No. E 740 of 2021, Thomas Gekonde Onchiri v Parapet Limited, pending the hearing and determination of the appeal herein.
2. This Court is aware that the instant appeal belongs to a series of appeals filed by the Appellant against the Judgments of the Learned trial Magistrate, in a series of suits by employees against the Appellant. Further, in some of the appeals, this court has given conditional stay of execution orders, and the matters are slated for mention on 15th May 2025, for directions on the hearing of the appeals.
3. In the circumstances, the overriding objective of the court, and prudence, requires that similar orders of stay pending appeal be granted in this appeal, and that focus be directed towards the hearing of the appeal.
4. By reason of the foregoing premises, I am prompted to give the following orders;I.There shall be a stay of execution of the decree in the above-mentioned lower court matter- Mombasa MCC-ELRC NO. 740 OF 21, pending the hearing and determination of the appeal herein, subject to the Appellant depositing the sum of KShs. 627,100 in court within 45 days of today.II.In the event of default, execution to proceed.
DATED, SIGNED AND DELIVERED VIRTUALLY IN MOMBASA THIS 27TH DAY OF MARCH 2025. OCHARO KEBIRAJUDGE