[2025] KEELRC 2091 (KLR)
The court found that the applicant had filed an appeal to the Court of Appeal against the judgment dismissing the judicial review application. To prevent miscarriage of justice and in recognition of the pending appeal, the court granted a stay of further execution beyond the orders already issued for release of...
Source-derived case information.
- Citation
- [2025] KEELRC 2091 (KLR)
- Parties
- Applicant: Republic; Respondent: Director Occupational Safety and Health Services; Respondent: Abdirahman Abullahi Mohamed; Applicant: Freedom Airline Epres Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E033 of 2024
- Procedural Posture
- Judicial Review / Ruling on Stay of Execution Application Pending Appeal
- Outcome
- Stay of execution granted on condition of security; garnishee applications struck out; costs in the appeal.
- Judges
- HS Wasilwa
- Legal Topics
- Judicial Review Procedure, Stay of Execution, Compensation Awards, Garnishee Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Director Occupational Safety and Health Services
Respondent
Abdirahman Abullahi Mohamed
Respondent
Freedom Airline Epres Limited
Applicant
Procedural Posture
Judicial Review / Ruling on Stay of Execution Application Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted pending appeal to the Court of Appeal.
- 2 Whether the court erred in directing release of KES 10 million without accounting for KES 2 million already paid.
- 3 Whether garnishee nisi orders should be stayed pending appeal.
Ratio Decidendi
The court found that the applicant had filed an appeal to the Court of Appeal against the judgment dismissing the judicial review application. To prevent miscarriage of justice and in recognition of the pending appeal, the court granted a stay of further execution beyond the orders already issued for release of funds, on condition that the applicant provides security of KES 5 million in a joint interest-earning account within 30 days. The court also struck out all pending garnishee applications, holding that the matter of the KES 2 million already paid had been addressed and that the stay was warranted to preserve the subject matter pending appeal. In default of providing security,...
Court Disposition
Stay of execution granted on condition of security; garnishee applications struck out; costs in the appeal.
Orders
- Stay of further execution beyond orders issued for release of moneys in MEB Ltd granted, subject to applicant depositing KES 5 million as security in a joint interest-earning account within 30 days.
- All pending garnishee applications are struck out.
Full Case Text
Judgment text and source record
28 paragraphs
Republic v Director Occupational Safety and Health Services & another; Freedom Airline Epres Limited (Ex parte Applicant) (Judicial Review E033 of 2024) [2025] KEELRC 2091 (KLR) (16 July 2025) (Ruling)
Neutral citation: [2025] KEELRC 2091 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Judicial Review E033 of 2024
HS Wasilwa, J
July 16, 2025
Between
Republic
Applicant
and
The Director Occupational Safety and Health Services
1st Respondent
Abdirahman Abullahi Mohamed
2nd Respondent
and
Freedom Airline Epres Limited
Ex parte Applicant
Ruling
1. This ruling is in relation to a stay of execution application filed by the respondents herein dated 9/7/2025 whereby the applicants aver that they have preferred an appeal to the Court of Appeal and therefore there should be no further execution of the judgment of this court.
2. The respondents petition on their part have submitted before court that there is actually no appeal filed by the applicant respondent since the appeal is in respect of the decree and finding of this court on compensation payable as adopted by this court.
3. In the application, the applicant indicated that they had already released 2 million to the respondent and therefore the order of court directing release of 10 million was in error as the 2million paid out was not taken into account.
4. The applicant also sought stay orders for the same reason. The court has already dealt with the error in relation to the release of 10 million while not taking into consideration the 2 million already paid and therefore the matter is overtaken by events.
5. It is on the above premise that the applicant sought for stay orders. The notice of motion application was also premised on the same issue that there was an error where the court directed release of 10 million instead of what was owing having taken into account the release of 2 million previously.
6. The applicants also seek stay in relation to the garnishee nisi orders which the petitioners are seeking recovery of kshs 21,918,620. 80/- whereas they are pursuing an appeal.
7. I have looked at these averments by the parties herein. The ex parte applicant have preferred an application to the Court of Appeal against the judgment of this court dated 11/6/2025 dismissing the Judicial Review application. The Judicial Review application had sought orders of the court to quash the award of the Director of Occupation Safety and Health dated 16/5/2024. This court determined that the applicant should have preferred an appeal and not a judicial review application before court.
8. Having chosen to file an appeal which is pending before the Court of Appeal, and in order to avoid any further miscarriage of justice, I will allow stay of further execution beyond orders issued for release of moneys in MEB Ltd and direct that the applicants provide security for the stay to the tune of 5 million to be deposited in an interest earning account held in joint names of counsels on record within 30 days. All pending garnishee applications are now struck out. In default thereof execution to proceed. Costs in the appeal.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 16THDAY OF JULY 2025. HELLEN WASILWAJUDGE