[2022] KEELRC 12727 (KLR)
The court found that while parties may propose the form of security for stay of execution, the ultimate decision rests with the court. The respondent's proposal of a bank guarantee was deemed insufficiently specific, and the court exercised its discretion to require the entire decretal amount to be deposited in a...
Source-derived case information.
- Citation
- [2022] KEELRC 12727 (KLR)
- Parties
- Claimant: TIBBS Vincent Robert; Respondent: SGS Kenya Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Cause E523 of 2020
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted on condition of security.
- Judges
- J Rika
- Legal Topics
- Unfair Termination, Stay of Execution, Security for Judgment, Compensation Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
TIBBS Vincent Robert
Claimant
SGS Kenya Limited
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of execution of judgment pending appeal.
- 2 What is the appropriate form of security to be provided by the respondent for the stay of execution.
Ratio Decidendi
The court found that while parties may propose the form of security for stay of execution, the ultimate decision rests with the court. The respondent's proposal of a bank guarantee was deemed insufficiently specific, and the court exercised its discretion to require the entire decretal amount to be deposited in a joint, interest-earning bank account held in the names of both parties' advocates. This approach ensures the claimant's interests are protected while the respondent pursues its appeal, balancing the right to appeal with the need to secure the judgment sum.
Court Disposition
Stay of execution granted on condition of security.
Orders
- The whole decretal amount shall be deposited in a joint, interest earning bank account in the names of the claimant’s and the respondent’s Advocates.
- Deposit shall be made within 14 days of the delivery of this ruling.
Full Case Text
Judgment text and source record
21 paragraphs
Robert v SGS Kenya Limited (Cause E523 of 2020) [2022] KEELRC 12727 (KLR) (29 September 2022) (Ruling)
Neutral citation: [2022] KEELRC 12727 (KLR)
Republic of Kenya
In the Employment and Labour Relations Court at Nairobi
Cause E523 of 2020
J Rika, J
September 29, 2022
Between
TIBBS Vincent Robert
Claimant
and
SGS Kenya Limited
Respondent
Ruling
1. Judgment was delivered in favour of the claimant, on February 25, 2022.
2. The claimant was awarded a total amount of Kshs 36,077,855, which includes terminal benefits, damages and compensation for unfair termination.
3. The respondent filed an application dated April 6, 2022, seeking an order of stay of execution of judgment, pending appeal.
4. On June 7, 2022, the claimant’s Advocate informed the court that parties are in agreement on the order of stay of execution, but disagree on the nature of the security to be offered by the respondent.
5. The respondent proposes to offer security in the form of a bank guarantee. The claimant is of the view that the proposed bank guarantee is nondescript. The claimant submits that it is in the discretion of the court, to determine the nature of security.
6. The court upholds the claimant’s position. The position is underscored inFoch Motorcycle Co. Limited v. Ann Wambui & Anor. [2018] e-KLR where it was held that parties are free to propose security, but it is in the discretion of the court to determine appropriate security.It is ordered: -a.The whole decretal amount shall be deposited in a joint, interest earning bank account, in the names of the claimant’s and the respondent’s Advocates.b.Deposit shall be made within 14 days of the delivery of this ruling.c.In default the claimant shall be at liberty to execute.
DATED, SIGNED AND RELEASED TO THE PARTIES ELECTRONICALLY, AT NAIROBI, UNDER THE MINISTRY OF HEALTH AND JUDICIARY COVID-19 GUIDELINES, THIS 29TH DAY OF SEPTEMBER 2022. JAMES RIKAJUDGE