[2017] KEELRC 231 (KLR)
The court found that a conditional stay of execution was warranted to balance the interests of both parties. While the respondent demonstrated grounds for a stay pending appeal, the applicants were entitled to partial release of the compensation, given that the liability was not denied and the compensation was...
Source-derived case information.
- Citation
- [2017] KEELRC 231 (KLR)
- Parties
- Applicant: Ruth Wambui Mwangi; Applicant: Agnes Nyambura Wangai (suing as the legal representatives of the estate of Joseph Wangai Muraya); Respondent: Alfarah Wholesalers Limited
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 21 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Conditional stay of execution granted; partial release of deposited compensation to applicants.
- Judges
- MSA Makhandia
- Legal Topics
- Stay of Execution, Security for Costs, Workplace Fatality, Compensation Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Wambui Mwangi
Applicant
Agnes Nyambura Wangai (suing as the legal representatives of the estate of Joseph Wangai Muraya)
Applicant
Alfarah Wholesalers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution of the court's orders pending appeal should be granted.
- 2 Whether part of the deposited compensation amount should be released to the applicants pending appeal.
- 3 Whether the sum deposited as security should be managed jointly by advocates for both parties.
Ratio Decidendi
The court found that a conditional stay of execution was warranted to balance the interests of both parties. While the respondent demonstrated grounds for a stay pending appeal, the applicants were entitled to partial release of the compensation, given that the liability was not denied and the compensation was assessed on a no blame basis under the Work Injury Benefits Act. The court therefore ordered a stay of execution of proceedings geared towards recovery of the awarded amounts, on condition that Kshs 700,000 out of the Kshs 900,000 deposited in court be released to the applicants, with the remainder held as security pending the outcome of the intended appeal.
Court Disposition
Conditional stay of execution granted; partial release of deposited compensation to applicants.
Orders
- Stay of execution of proceedings towards recovery of awarded amounts is granted pending appeal, on condition that Kshs 700,000 out of the Kshs 900,000 deposited in court be released to the applicants.
- The remaining Kshs 200,000 to be held as security pending determination of the intended appeal.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT NAKURU
MISC.APPLICATION NO. 21 OF 2017
RUTH WAMBUI MWANGI
AGNES NYAMBURA WANGAI (suing as
the legal representatives of the estate of
Joseph Wangai Muraya APPLICANTS
v
ALFARAH WHOLESALERS LIMITED RESPONDENT
RULING NO. 3
1. For determination is a motion dated 4 December 2017 by the Respondent seeking
a). …
b). …
c). There be a stay of execution of the orders of this court dated and issued on 31st July 2017 and 1st December 2017 plus all consequential processes and proceedings pending hearing and determination of an intended appeal to the Court of Appeal.
d). There be further stay of execution of proceedings in this matter geared towards recovery of the amounts awarded in this matte pending hearing and determination of the Intended Appeal to the Court of Appeal.
e). The sum of Kshs 900,000/- deposited in court pursuant to the orders of this court be availed as security and the same be placed in a fixed deposit account at KCB Bank Ltd Nakuru Branch in the Names of the Advocates for the Parties herein as security pending the hearing and determination of the Intended Appeal.
f). Cost of this application be in the Intended Appeal.
2. When the application was placed before Court on 4 December 2017, the Court directed that it be served upon the applicants for hearing today.
3. The applicants filed a replying affidavit in opposition to the motion on 6 December 2017 and arguments were taken today.
4. The Court has given due consideration to the application, the replying affidavit and oral submissions tendered in Court and come to the conclusion that the stay in terms of order d) be granted on condition that the sum of Kshs 700,000/- out of the Kshs 900,000/- deposited into Court be released to the applicants.
5. The order for release is made on the consideration that the compensation as was assessed by the Director of Occupational Health and Safety is based on a no blame liability and the further consideration that the Respondents have not denied that the deceased on whose behalf the initial proceedings were brought was its employee who died after an accident in the course of employment.
6. Costs of the application in the Cause.
Delivered, dated and signed in Nakuru on this 7th day of December 2017.
Radido Stephen
Judge
Appearances
For applicants Mr. Murimi instructed by Murimi, Ndumia, Mbago & Muchela Advocates
For Respondent Mr. Odero instructed by Okong’o Wandago & Co. Advocates
Court Assistant Nixon